The court has released ‘miracle babies’ televangelist Gilbert Deya on Sh10 million bail or Sh10 million bond.
It was raised from Sh1 million after the DPP objected to lenient terms.
Justice Luka Kimaru ruled that Deya, who is charged with stealing five children, will get his freedom after depositing the amount
Deya was deported from the UK in August last year to face child theft charges. He is facing five counts of stealing five children between 1999 and 2004.
“The suspect needs to be given stringent terms so he does not abscond. He has a history of absconding and maligning the courts,” the judge said.
Deya’s lawyer John Swaka had argued that his client is an old man, sickly and has been in remand since January following the prosecution’s appeal of his bond.
“I pray that the court would be lenient to the preacher as he has suffered a lot in remand and cannot abscond as he has a fixed abode,” the lawyer said.
Swaka said Deya should be released since the prosecution had been unable to speed up the matter within the 90-day period given by the High Court in January.
In January, the High Court quashed the Sh1 million bond Deya had been granted after the DPP opposed it.
Magistrate Francis Andayi had granted Deya bond on grounds the DPP failed to conclude the case in 120 days as earlier directed by the High Court.
But the prosecution challenged the preacher’s release, arguing that it took the state 12 years to have him brought back from the UK to face trial. The prosecution said the decision to release Deya on bond was unjustified, unlawful and
At that time, Justice Kimaru ordered that Deya remain in custody until the case is concluded.
While reversing the release of the preacher, the judge ruled that he was a flight risk. Kimaru upheld an objection by Senior Assistant DPP Nicholas Mukutu that Deya’s past conduct “speaks volumes”.
The case will be mentioned on May 29 to confirm if he has been able to raise the bond.
During a past hearing, two DNA results from the Government Chemist revealed Deya and his wife Mary were not the biological parents of the five children.