The owner of popular Club Click on Baricho Road, who killed a patron six years ago following a brawl, has lost a bid for bail.
Jackson Maina was found guilty of manslaughter following the March 2017 incident.
He is serving a five-year jail sentence for the killing of Kelvin Oduor on the night of May 8, 2012.
He had lodged an Appeal and wanted the court to release him on bail or in the alternative, to suspend his sentence and conviction pending hearing and determination of the case.
But Court of Appeal judges Philip Waki, Mohamed Warsame, and Gatembu Kairu rejected his request saying there were no exceptional circumstances to warrant his release from prison.
“The fact that the applicant had been admitted to bail during the trial is a positive consideration but is not exceptional. So is the fear that he will serve the sentence before the appeal is heard, which is unlikely,” the judges ruled.
The businessman is said to have led Oduor to the rooftop of the building after a scuffle over theft of a mobile phone before shooting him at close range.
Justice Stella Mutuku, who convicted him, observed that the evidence presented showed that he may not have intended to kill Oduor much as he shot him.
Through his lawyer Timothy Naeku, Maina argued that he had been granted a cash bail of Sh1 million in the trial court and showed he was of good character.