Okoth Obado was back in court for a fresh bail hearing.
The case was before Justice Jessie Lesiit sitting at the Milimani law court a few moments ago
Defence lawyer Nicholas Ombija urged the court to consider Obado's poor health and release him on bail.
Obado was in court with Caspal Obiero and Michael Oyamo, the governor's personal assistant. The three are accused of killing Sharon Otieno and her baby in Homa Bay.
The three denied the charges.
Obado had been at the Kenyatta National Hospital, following a stay at the Industrial Area Remand prison. The governor has been in remand for two weeks.
He was rushed to hospital after he fell sick at the remand prison. The facility doctor who observed him approved his transfer to KNH.
Obado has been in police custody since September 22 when his bail application was cancelled.
The governor complained of stomach pains and was transferred to KNH, a move which stirred debate on whether the governor was getting special treatment while in police custody.
Prison Commissioner General Isaiah Osugo has denied reports that murder suspect Migori Governor Okoth Obado is receiving preferential treatment at Industrial Area Remand Prison. Prison commissioner General Isaiah Osugo denied the claims, saying Obado is not treated as royalty while in prison.
In a statement to newsrooms, Osugo said Obado was given a prison number as every inmate upon admission and issued prison uniforms. "Hon. Obado was issued with prison requirements including uniforms for Capital Offenders as required by the Prison Rules and Regulations," he said.
Obado is accused of killing Sharon Otieno, his girlfriend, who was seven months pregnant at the time of her death.
Sharon's body was found at Kodera Forest in Homa Bay county on September 3.
Sharon’s mother Melida Auma said she will be buried on October 19 at her grandfather's compound.
The foetus, which had stab wounds from the gruesome murder, has already been buried.
The family has urged well-wishers to help them raise Sh1 million to feed mourners.
Melida is on record saying she did not ask for help from the Migori county government. Final decision: GOVERNOR OBADO and his two aides to remain in custody over murder of Sharon Otieno as High Court sets bail hearing for Friday after cases merged.