The former Kerio Valley Development Authority (KVDA) managing director David Kimosop on Monday appeared in court over the loss of funds in the Sh63 billion Kimwarer and Arror dams scandal.
Kimosop was arrested on Friday after he arrived back into the country from Democratic Republic of Congo (DRC) Capital Kinshasa.
The arrest came after the Director of Public Prosecutions (DPP) Nordin Haji order for his arrest alongside other officials of the government over their role in the saga.
Haji also directed police to arrest National Treasury Cabinet Secretary Henry Rotich and his ex-Principal Secretary Kamau Thugge.
During the hearing of the case, Chief Magistrate Douglas Ogoti asked the police not to take him to the basement cell as the terms for his bail are taken into account.
Kimosop had not appeared before the court after it emerged that he was not in the country at the time Haji made the directive.
The other suspects who were arraigned alongside Kimosop are Patrick Kipsang, Jackson Njau, Isaac Kiiru, Titus Mureithi, Boniface Mamboleo Lengisho, Fredrick Towett and Elizabeth Kebenei.
Through his special lawyer Taib Ali Taib, also former Mombasa Mayor, DPP asked why foreigners failed to appear in court before they can take plea.
"What is at stake is not their availability but the refusal to submit themselves in court," Mr Taib said, as quoted by Daily Nation.