The Nakuru High court has set a date for the hearing of an appeal by a Muslim cleric sentenced to 10 years imprisonment for his involvement in child trafficking of a 17-year-old orphaned girl.
Justice Anthony Ndung’u on Wednesday directed that the appeal case be heard on November 24 when Sheik Ali Samoja will challenge the sentence passed by the trial magistrate.
Samoja was charged with trafficking of a minor to a Lebanese in Nairobi for sex tourism in 2011 where she was allegedly defiled by Sayyid Muktadha before he fled the country.
The Sheik allegedly facilitated travel of three other girls to the Lebanese where they were defiled but no action was taken against him.
In her ruling on July 26, trial magistrate Judicaster Nthuku ruled that the prosecution had proved that the accused person facilitated the travel arrangements of the minor where she ended up being defiled.
Samoja in his appeal accused the trial court of erring in law and fact by holding that the offense of child sex tourism had been established whereas there was no such evidence.
According to the former head Bilal Muslim Mission Centre in Nakuru the Magistrate handling the case did not evaluate the entire evidence but took the prosecution evidence in isolation.
He argued that the resident magistrate Judicaster Nthuku did not appreciate his defence when she passed a sentence that was harsh and excessive in the circumstances of the case.
Samoja is currently under custody in execution and conviction meted by the court after his plea for pending the hearing of his appeal was declined since his grounds were not convincing enough.