High court judge sitting in Voi Farah Amin has denied Police officer David Gitahi bond.
Gitahi is accused of murdering Essau Juma Mwanguku at Rockland club in Taveta on March 29.
The accused argued right to bond and his HIV status as the reasons.
In the ruling the Judge challenged the probation report criticising the Office of the Director of Public Prosecution and the Probation office for sympathising with the accused.
“The probation report said there was no objection from the family while evidence shows that the family wasn’t even consulted in the first place,” She told the court.
She said he will in future consider a probation report from Taveta’s Probation office on the matter.
However the defense counsel has vowed to appeal the matter.
On its part, Muslims for Human Rights-MUHURI which on 5th April pushed for an autopsy said will pursue the matter until justice for Juma’s family prevails.
MUHURI is holding brief for the deceased family.
The family and MUHURI expressed dissatisfaction over the probation report saying it favoured the release of Gitahi.
The ruling was postponed.
He was heavily intoxicated when he aimed at Juma and opened fire killing him instantly according to the Patrons at the club.
Autopsy results showed Mwanguku was shot four times in the chest, wrist and on his arm. It was a close-range shooting.
The bullets severed Mwanguku’s heart, liver, and lungs leading to massive internal bleeding, which caused his death.
Hearing of the case is set for October 1st and will run for two consecutive days.