The ‘Miracle babies’ preacher Gilbert Deya has been granted a bond of Sh10 million after countless efforts to be released on bail.
Justice Luka Kimaru granted Deya bail on Tuesday after a successful application that he filed at the high court.
Deya is accused of stealing five children and the trial is ongoing.
“The suspect needs to be given stringent terms so that he does not abscond as he has a history of absconding and maligning the courts”, Justice Kimaru said.
The judge also noted that Deya is full of contempt following his remarks in England that the Kenyan courts are kangaroo.
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Through his lawyer John Swaka, Deya had argued that his client was an old man who is sickly and has been in remand since January following the prosecution’s appeal on 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”, Swaka said.
He added that Deya should be released since the prosecution has been unable to speed up the matter within the 90 days period given by the High court in January.
In January this year, the same judge had declined to grant a prayer by the preacher to be released on bail.
He had directed Deya to remain in custody at Kamiti maximum prison pending the determination of his trial.
While reversing the release of the preacher, Justice Kimaru had granted the prosecution an additional 90 days to conclude the trial. The judge ruled that he was a flight risk.
Justice Kimaru ordered that Archbishop Deya remains at the Kamiti Maximum Prison.
He suspended the release order pronounced by Nairobi Chief Magistrate Francis Andayi.
Magistrate Andayi had ordered that Bishop Deya be released from prison after depositing bond of Sh1 million bond and two sureties.
This was after Director of Public Prosecution (DPP) filed an application challenging his release arguing that the magistrate’s decision to release Deya on bail was unlawful and improper.
“The trial magistrate exercised his discretion wrongly, illegally, and improper in granting bond and issuing the orders to have Deya released,” said the prosecution.
The televangelist was expected to be out on a Ksh.1 million bond. In December 2017, a Nairobi court granted bond terms to the evangelist, who has been behind bars since August 4, 2017.
While granting him bail, Milimani chief magistrate Francis Andayi directed that the preacher pay a bond of Ksh.1 million and two sureties of a similar amount.
“The miracle babies” bishop was also to deposit his travel documents with the court and report to the police station twice a week.