Televangelist Gilbert Deya’s impending release from custody was stopped at the eleventh hour after the prosecution lodged objection at the high court seeking a review and possible setting aside of his bond terms.
Deya was on December 21 2017 granted a bond of Ksh1 million and ordered to deposit two sureties of like amounts to secure his freedom on January 16 2017 in a case he is charged with stealing children.
The prosecution now says the decision calls for urgent revision in the interest of justice.
“The honourable magistrate’s decision to grant the accused person bond when in the circumstances of the case, there were compelling reasons…” state counsel Victor Mule contends in fillings at the high court.
He goes on to say that the decision to grant bond to Deya ” were unlawful, irregular and without justification.”
The prosecution wants the high court to call for and examine the records in Chief magistrate Criminal Case No. 1388/2017 against Deya so as to form an opinion on the correctness and validity of granting bail.
Mule has requested the judge to revise, vary and/or set aside Deya’s bond so as to accord fair administration of justice, as he puts it.
But Deya’s lawyer Swaka thinks the request is frivolous and vexatious and amounts to abuse of court process.
“This application is meant to punish my client for no good reason,” the lawyer said.
Swaka told the judge that Deya was granted bond because of his failing health and had been ordered to report weekly to Muthaiga police station in addition to depositing his travel documents as additional security.
Fifteen witness have so far testified in the criminal case with another 15 to go.
The new case will be determined on January 24 2018.