Hania Sagar, now wants to be released on a bond pending hearing and determination of her appeal.
A magistrate's court in Mombasa sentenced Hania Said Sagar to 10 years imprisonment after she was found guilty of participating in a terrorist attack at the Mombasa Central police station two years ago.
Hania Said who is the widow to slain terror suspect Sheikh Aboud Rogo, was handed the sentence by the Shanzu Magistrate's Court in February after evidence showed that she conspired with three women to attack the police station on 11th September 2016, before the trio were killed by the police in the attack.
Through her lawyer Mbugua Mureithi, Sagar wants her jail term suspended.
According to her, Shanzu senior principal magistrate Diana Mochache erred in law and fact by convicting her on a defective charge that did not disclose an offence.
“The applicant is ready and willing to abide by all the terms of bond the court shall set and it is in the interest of justice and fairness that the orders sought be granted,” said her lawyer, Mureithi in the application.
“The magistrate erred in law and fact in convicting the appellant when the prosecution did not provide any evidence to prove the offence to the standard required by law,” said the lawyer on Monday.
After hearing the appeal, Justice Asenath Ongeri directed the case be mentioned on April 5, 2018.
Sagar was found guilty of conspiring with Ramla Abdirahman Hussein, Tasnim Yakub, and Maimuna Abdirahman to attack the police station.