Tourism and Wildlife Principal Secretary Dr Susan Koech cancelled a trip to South Africa on Monday after learning about impending arrest.
Dr Koech and 27 others including CS Henry Rotich and her colleague Kamau Thugge were arrested and charged over Sh21 billion dams scandal.
They have since denied the allegations and set to know their bail application at 4 pm on Tuesday at Milimani Law Courts. Anti-corruption Judge Douglas Ogoti will make the ruling.
Lawyer Kioko Kilukumi confirmed that Dr Koech, who was PS East Africa Community when the scandal reportedly took place, was on her way to South Africa for official duties.
At Jomo Kenyatta International Airport, she was forced to cancel the trip and surrendered to DCI headquarters to face sleuths over the case.
Mr Kilukumi and Elgeyo-Marakwet Senator Kipchumba Murkomen pleaded with the court to let her and other suspects free, arguing that she will abide by court orders.
"They have each and every attention to attend the trial to conclusion," he said.
"He has done everything that a suspect can do to help the investigators," he added when defending Rotich.
In response, the prosecution lead by Taib Ali Taib said they do not oppose bail as long as the accused persons surrender their travel documents, keep away from their offices and do not approach ant of the witnesses or tamper with evidence.
"They have been in their offices working for their own benefits and not serving the public. They abused their powers," Mr Taib said.
In a press conference on Monday, DPP Haji said: “if the projects were carried out in adherence to the law and existing policies for safeguarding the public interest, then it should not have cost Sh63 billion. We have evidence to prove Sh19,714,366,991 was lost through a well-choreographed scheme to defraud public funds.”
According to the DPP, the scandal was a well-choreographer scheme by government officers in collusion with private individuals and institutions.”
Before her appointment as Principal Secretary, Dr Koech who has a PhD degree from Moi University, was a bank manager with KCB.