The High Court has stopped the release of controversial preacher Bishop Gilbert Deya from Kamiti Maximum Prison.
Justice Luka Kimaru stayed the lower court's decision to release Deya on a Sh1 million bond, pending the determination of an objection lodged by the DPP.
Deya, who was deported to Kenya from the United Kingdom in August last year to face child theft charges, was expected to be released on Tuesday.
The DPP, through Nicholas Mutuku and Victor Mulei, sought orders for the cancellation and setting aside the bond terms granted to Deya on December 21, 2017.
In their application, the prosecution says the chief magistrate's decision to release the accused on bond were unjustified, unlawful, improper.
They further averred that the grounds upon which the bond was granted were utmost insufficient since the 120 days granted by the superior court had not elapsed.
"...the trial magistrate exercised his discretion wrongly, illegally, and improperly in granting bond and issuing the orders to have Deya released."
Read:
But Deya's lawyer John Swaka strongly objected the move to have his client's bond cancelled, saying it is frivolous and amounts to abuse of court process.
Swaka asked the court to strike out the application, saying that it was brought in bad faith and malice against the respondent.
Trial magistrate Francis Andayi had granted Deya the bond on grounds that the DPP failed to conclude the case in 120 days as earlier directed by the High Court .
Justice Kimaru gave the orders on September 19, 2017 when he denied the televangelist bond but directed the prosecution to conclude case in three months.
The magistrate granted the accused bond before the prosecution had not completed their case. Several witnesses in the case are yet to testify.
Last month, Deya through Swaka asked the court to release him on bond, saying the prosecution had failed to heed the court’s order.
In his ruling, chief magistrate Francis Andayi released him on a Sh1 million bond and a two sureties of the same amount.
He ordered Deya to report to Muthaiga police station on weekly basis until further notice.
Swaka gave the court an undertaking he will be held responsible if Deya absconds court.
Deya was charged with five counts of stealing five children.
It is alleged that between 2002 and 2004 on Mountain View Estate, Nairobi, Deya stole the children all under the age of 14.
The hearing of the case at the trial court has been slated for January 18, 2017.
Related: