The High Court will rule on an application seeking to let Kiambu Governor Ferdinand Waititu back in office on Thursday.
Governor Waititu applied for bail terms review after the court barred him from accessing his office and slapped him with a Sh15 million cash bail, a figure his lawyer termed unreasonably high.
The governor, who posted his bail on Thursday after spending four nights in custody, insisted he is still in charge of Kiambu County affairs despite the court order.
His deputy, Dr James Nyoro, chaired a Cabinet meeting in wake of the court ruling and also claimed to be running the show in Kiambu.
The two leaders have been at loggerheads since they were elected in office.
Justice Ngenye Macharia who heard the application on Monday will determine whether the court can reduce bail terms of the accused persons and lessen some of the orders, including that of Waititu's being barred from setting foot in his office.
Mr Waititu, his wife Susan Wangari Ndung’u, and six others were charged with fraud over irregular tender worth Sh588 million.
Two other accused persons, Mr Luka Mwangi and Mr Charles Chege, are still at the Industrial Area Remand Prison after failing to post their bail.
Mr Mwangi, like the governor, was ordered to deposit a cash bail of Sh15 million.
The governor, through his lawyer Senior Counsel Tom Ojienda, told the court that the total sum for which he is charged amounts to Sh50 million which ought to have been instructive in setting bond terms.
Mr Waititu was released on a bail of Sh15 million and bond of Sh30 million and barred from accessing his Kiambu office pending the hearing and determination of his case.
"Bails terms granted by the trial court are irrational, questionable and excessive. We urge the court to remove the limitation barring Waititu from accessing his office as he remains innocent until proven guilty, " said Mr Ojienda.
In response, senior assistant DPP Alexander Muteti urged the court not to interfere with the discretion of the magistrate.
"Waititu being barred from office does not amount to removal. No removal has happened," said Mr Muteti.
He said that no vacuum was created by barring Mr Waititu from accessing his office, adding that the office has a deputy able to perform the governor's duties.
