The ruling by Nakuru high court for bail pending appeal for Sheikh Ali Samoja to be delivered on September 12.
Samoja was convicted and sentenced by Resident Magistrate, Judicaster Nthuku on July 6 for allegedly facilitating the trafficking of 15 years-old girl to Nairobi in 2011 so that she could be used by a Lebanese Sayyid Muktadha who later fled the country.
Samoja’s lawyer, Lawrence Karanja and David Mongeri filed an appeal on July 15 before Justice, Maureen Odero seeking bail before appeal of his sentence because he is of ailing health and at risk.
Karanja said that the Resident magistrate who convicted Samoja could erred in the law by not evaluating the entire but took the prosecution evidence in isolation.
Mongeri argued that Samoja was on Sh 200,000 cash bail and there was no time he failed to attend the court proceeding.
“There is no reason to deny the appellant bond, we seek suspension of the sentence, he will be attending the proceeding of the appeal, he can serve his remaining sentence if the appeal is denied,” he said.
State counsel, Nelly Ngovi urged the court not to grant bail for the appellant and to know that he is a convict and thus doesn’t enjoy a liberty of his own so the court can hear an appeal on priority.
“We have not been provided with any exceptional or unusual circumstances that the convict is in, in any matter involving a child the best interest of the child must be served,” she said
The ruling to be delivered on September 12.