The wife of Kiambu Governor Ferdinand Waititu, Susan Ndung'u, has been charged with illegal construction of a building in the city without the necessary approvals.
Ms Ndung'u on Wednesday denied the charge and was later released on a Sh80,000 cash bail.
She was charged alongside a developer (Mr Robert Rukwaro) and 10 casual labourers.
They are accused of flouting Section 30 (1) of the Physical Planning Act Chapter 286 Laws of Kenya.
"I urge this court to admit the accused to reasonable bail terms given that the casual labourers were eking their living and know nothing about the requisite certificates about the building" her lawyer Manases Mwangi argued.
Her charge stated that she was found on August 15 occupying a building without a certificate from the Nairobi City County.
Mr Mwangi further asked prosecutor Amos Gitahi to supply him with copies of witness statements and other exhibits.
"I do not oppose the release of the accused on bond. I will supply the defence with copies of the evidence to be relied upon," Mr Gitahi said.
Mr Rukwaro denied upgrading the building by erecting an eighth floor. He was granted a cash bail of Sh100,000 and the labourers Sh80,000 each.
The case will be mentioned on September 6.
They had been taken to City Hall cells where they spent some hours before Nairobi Governor Mike Sonko, a close ally of Mr Waititu, intervened and ordered her release.
In a leaked phone conversation between Mr Waititu and Mr Sonko, the latter is heard telling his friend that he will release the woman.
"The remaining ones you can call ‘mdosi’. Let me just release mama (Waititu’s wife). The order is from above. I will only release mama. The rest [of] you can call ‘mdosi’. Order is from above as the boss is fighting corruption," Mr Sonko says in the recording.
He then advises Mr Waititu to stop reckless talk, opposing the ongoing demolition and reminds him that his wife is on the wrong as she has no approval papers from City Hall.
He later promises to provide Mrs Waititu with the necessary papers.
But Mr Waititu insists that Mr Sonko should release all the suspects, to which the Nairobi county boss tells him to call “the boss” or Waita as his hands are “tied”.
Mr Sonko then calls one Mr Ochanda, the officer who arrested the 15, to connect him to Mrs Waititu.
"Apply for approvals. It is wrong to build without approvals. There is an order from above and I am even contravening laws releasing you. I have instructed that you be released," he tells her amid audio problems.