‘Club Click’ owner who was convicted of killing reveller denied bail
A director of a popular club in Nairobi, who was sentenced to five years in jail for killing a patron six years ago, has been denied bail by the Court of Appeal.
Jackson Maina Wangui, who was found guilty of manslaughter last year, for the death of Kelvin Oduor Onyango, moved to the Court of Appeal to challenge the sentence and conviction.
Before the appeal was heard, Maina wanted the court to release him on bail, pending the case.
But Court of Appeal judges Philip Waki, Mohamed Warsame and Gatembu Kairu rejected the application stating that there were no exceptional or unusual circumstances for him to be released.
“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.
Maina was found guilty of unintentionally killing Onyango on the night of May 8, 2012 around 1.30am at Click Club on Baricho Road.
Evidence presented in court showed that the club was full to capacity as it was a reggae night, which was very popular with the revellers.
An altercation ensued between patrons inside the club, a bouncer, who was later acquitted by the court, intervened and took the fighting patrons outside the club.
He took Mr Onyango to the rooftop where the club kitchen was situated with a view to interrogating him over allegations that he had stolen a mobile phone. Shortly thereafter Mr Onyango was shot dead.
While convicting him, High Court Judge Stella Mutuku observed that the evidence presented showed that Maina may not have intended to kill Onyango, although he shot him at close range.
Through his lawyer Timothy Naeku, Maina submitted that he was good character, observing all bail terms throughout his trial for five years until he was sentenced on March 22, 2017. He said his appeal has high chances of success because the trial court ignored substantial points of law.
He argued that trial court made exculpatory findings that his intention was to rescue Mr Onyango rather than harm him.
Senior Assistant Director of Public Prosecutions Peter Mailanyi did not oppose the application for bail. The judges said they were satisfied that apart from the grounds of appeal being arguable, there is no guarantee of success.