Controversial Bishop Gilbert Deya was extradited to Kenya in August 2017 from the UK to answer to charges of stealing five children.
He was then arraigned before a Nairobi court where he denied all five counts of child theft.
Police alleged that between the years of 2002 and 2004 at Mountain View Estate in Nairobi, he stole five kids all aged under 14 years.
During the trial, the state gave evidence of how the preacher allegedly stole the babies but there was no direct link to show he actually took the babies.
The prosecution alleged that Deya had given instructions for the kids to be kept at his mansion in Mountain View.
After hearing all the prosecution witnesses in the case, last year, the magistrate placed him on his defence ruling that he had a case to answer for child theft.
In his defence to court, Deya through his lawyer said he was being persecuted by the state denying ever stealing any of the children.
He told the court that he was in the UK when the offences were allegedly committed.
His church is based in the UK.
The preacher also denied ever processing a birth certificate for the alleged children further adding that the DNA result did not show that he was the father of the kids.
He urged the court to acquit him for lack of evidence saying he was maliciously charged with the same offence that his wife was charged with and acquitted of for lack of evidence.
On Monday, Deya got a big win after the magistrate acquitted him of all the charges for lack of evidence.
Milimani senior principal magistrate Robison Ondieki ruled that the prosecution failed to establish a prima facie case against Deya.
The court noted that the burden of proof against the accused was wanting as none of the evidence placed the accused where the subjects were recovered.
The court said that the suspicion being strong cannot make someone guilty.
"The prosecution having failed to establish circumstantial evidence, I acquit the accused under section 250 of the CPC," the magistrate ruled.
