Magwagwa Ward Representative Fred Nyachae Omaiyo was on Monday charged at a Nyamira County court with defiling a minor.
Mr Omaiyo is accused of committing the crime on the night of September 2 at a guest house in Kisii town.
He denied defiling a 17-year-old girl when he faced Resident Magistrate Alice Towett.
While arguing for his client's release on bond, Mr Morara Omoke noted that it was his right and that he needed regular medical checks.
"He is unwell and requires proper medical care. Medical records show that he has been in hospital since his arrest on September 9. He needs treatment for high blood pressure," said the advocate.
State counsel Desmond Majale objected the request, saying the accused would likely interfere with witnesses and that he had indeed attempted to contact the minor.
"I plead with the court to detain him until the victim testifies," he said.
The magistrate ordered the detention of the member of county assembly until September 16, when she will rule on his application for release.