Ali Samoja has appealed his 10 years sentence for child sex tourism before Nakuru High court.
Samoja was convicted and sentenced by Resident Magistrate, Judicaster Nthuku on July 6. He was accused of facilitating trafficking of 15 years old girl to Nairobi in 2011 so that she can be used by Sayyid Muktadha, a Lebanese who later fled the country.
Samoja’s lawyer Lawrence Karanja filed an appeal on July 15 before Justice Maureen Odero saying the Resident magistrate who convicted Samoja could erred in the law by not evaluating the entire case but took the prosecution evidence in isolation.
Samoja is serving his sentence at the Naivasha Maximum prison.
“The magistrate erred in the law and in fact by holding that the offense of child sex tourism had been established whereas there was no such evidence,” read part of the appeal.
Karanja further said that the magistrate erred in the law by passing a sentence that was harsh and excessive in the circumstance of the case.
Karanja also applied that the appeal be consider urgent and to have Samoja bonded or given bail saying that Samoja is of ailing health.
“The appellant is sickly suffering from asthma and a prolonged incarceration and it may be a threat to his life, he was also the breadwinner of his family,” he said. He said the appellant has a constitutional right is a family man and he would have no intension of absconding from the jurisdiction of the humble court once bail or bond is granted.
Justice Odero ordered the production of the appellant before court when the appeal is being heard
The hearing of the appeal will be heard on July 28.