Former Nairobi Town Clerk John Gakuo who was jailed alongside three others in May have lost their bid to be freed on bail pending an appeal.
Justice John Onyiego of the Economic and Crimes Division on Tuesday declined to free Gakuo together with former PS Sammy Kirui.
The judge said the two failed to convince the court on why they should be granted bail.
Onyiego further said the three did not demonstrate that their appeal has high chances of success.
The judge said he was not convinced that Gakuo's alleged ill-health was a justifiable reason.
Gakuo and his co-convicts were jailed in May after chief magistrate Douglas Ogoti found them guilty of corruption-related charges.
They were booked over the irregular purchase of Sh283 million Mavoko cemetery land.
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The former clerk had told the court that he was ill and that owing to his advanced age, he would continue to suffer while in custody.
He had told the court that he was going to abide by rules that will be set by the court.
The DPP had objected to the application on the basis that they were rightly jailed.
Gakuo was found guilty and sentenced for three years. He was also fined Sh1 million for failing to comply with procurement law.
Also jailed is former legal secretary Mary Ng'ethe.
Gakuo's lawyer Assah Nyakundi asked the judge to disqualify himself from the appeal, soon after he delivered the judgement.
The judge will rule on the same on Monday.