This is after Economic and Crimes Division Judge John Onyiego declined to free Gakuo together with former PS Sammy Kirui and ex-Legal Secretary Mary Ngethe on bail pending appeal.
While refusing to admit the three on bail, Justice Onyiego said the appellants did not demonstrate that their appeal has high chances of success.
In addition, the judge said he was not convinced that Gakuo’s alleged ill health was a justifiable reason.
Gakuo and the two were jailed or three years each in May after trial magistrate Douglas Ogoti found them guilty of corruption related charges over the irregular purchase of the Sh283 million Mavoko Cemetery land.
Gakuo had pleaded to be freed on bail owing to his old age and Ill health and has promised to abide by rules that will be set by the court.
The DPP has objected to the application arguing they were rightly jailed.
Gakuo was jailed for three years and fined Sh1mn for failing to comply with procurement law.
Following the latest decision, Gakuo through lawyer Assah Nyakundi has asked the judge to disqualify himself from the appeal.
The judge will rule on the issue next Monday.