- According to Chelsea, the minor carried themselves in a manner that gave her the impression of being an adult.
- When she was arraigned and a trial took place, she was found guilty and sentenced to three years imprisonment.
Image: FILE
Chelsea Ayako Dindi heaved a sigh of relief after she was released on a bond term in a case where she was convicted of committing an indecent act with a child.
In December 2017, the now-university student was involved in a sexual relationship with a person unknown to her, who was a minor.
At the time, the complainant was a 17-year-old while Chelsea was aged 19.
According to Chelsea, the minor carried himself in a manner that gave her the impression of being an adult.
When she was arraigned and a trial took place, she was found guilty and sentenced to three years imprisonment.
She was however dissatisfied with the decision and in June 2023, moved to challenge it.
At the same time, she sought release on a reasonable bail and or/bond terms pending the hearing and determination of her appeal.
She told Justice Diana Kavedza of the Kibera court that as she was still a student, being in jail could lead to a risk of not completing her studies.
She vowed to always attend court when required adding that she had complied with bail terms set during her trial.
Then, she was out on a Sh100,000 bail.
Chelsea argued that her being in jail pending the appeal's hearing and determination would mean that she risked serving a substantial part of the sentence by the time the verdict was out.
The defence counsel told the court that there was a high chance the appeal could succeed and that it was in the interest of justice that Chelsea should not continue to be kept in custody.
He argued that the appeal was on point, being that his client's conviction was purely anchored on suspicion and circumstantial evidence.
The state, however, opposed the granting of bail/bond, saying Chelsea had not demonstrated any unusual or exceptional circumstances to warrant her prayer.
It also dismissed the submission that the intended appeal had an overwhelming chance of success and told the court that Chelsea would not suffer any prejudice in case the bail was denied.
Further, the prosecution argued that the hearing could proceed on a priority basis subject to the court's diary for the appeal to be heard and determined within a reasonable time.
Justice Kavedza determined the application and opined that the appeal has some reasonable prospects of success.
This is coupled with the fact that the offence for which Chelsea was convicted did not involve any personal violence.
The judge noted that admitting her to bail under the circumstances did not pose any risk to society or herself.
However observing that Chelsea was no longer a free person but a convict, Kavedza noted that her bail terms ought to be more stringent compared to that of the trial stage.
This is to ensure her presence pending the appeal.
The court admitted Chelsea to a bond of Sh200,000 with a surety of the same amount.
"The court, in the circumstances, admits the applicant to a bond of Sh200,000 with surety of a similar amount and orders the appeal to be prosecuted expeditiously," Judge Kavedza's orders dated December 1, reads.