The High Court in Nakuru has set February 15 as the hearing date for the appeal of Sheikh Ali Samoja who is serving a 10-year sentence for allegedly facilitating the trafficking of a 15-year-old girl.
This comes after Nakuru Resident Judge Maureen Odero denied him bail and suspension of the sentence pending the hearing of the appeal.
Justice Odero said Samoja was no longer a suspect but a convict, and therefore he is not entitled to liberty and besides, he was sentenced by a competent jurisdiction.
The cleric was convicted and sentenced by Resident Magistrate Judicaster Nthuku on July 6, for allegedly facilitating the trafficking of a 15-year-old girl to Nairobi in 2011 so that she could be used by a Lebanese Sayyid Muktadha who later fled the country.
Samoja’s lawyers, Lawrence Karanja and David Mongeri filed an appeal on July 15 before Justice Odero seeking bail before the appeal of his sentence because he is of ailing health and at risk.
Karanja said the Resident magistrate who convicted Samoja could have erred in the law by not evaluating the entire evidence but took the prosecution evidence in isolation.
In the application, Mongeri argued that Samoja was on Sh200,000 cash bail and there was no time he failed to attend the court proceedings, this showed that even during the appeal hearing, he will still be available.
Justice Odero assured the defence that Sheikh Samoja’s appeal will be heard under certificate of urgency and thus the issue of him serving a substantial sentence will not occur.