Preacher Gilbert Deya suffered a major setback in his attempt to taste sweet freedom after High Court quashed a KSh1 million bond granted to by a lower court in where he faces trial for stealing children.
In his ruling justice Luka Kimaru ordered that Deya remains in custody until the conclusion of his case.
Forged a court order
Kimaru upheld an objection by senior assistant DPP Nicholas Mukutu that the suspect’s past conduct “spoke volumes having been a fugitive for 12 years while knowing he was a wanted man in Kenya and even forged a court order to wad off his prosecution.”
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Deya through his lawyer John Swaka had informed the judge that he was unwell and wanted to seek treatment out of prison walls.
But the judge rejected the request, saying even at the prison there are health facilities including that of Kenyatta National Hospital(KNH) where he can be treated.
Stuck his neck out
Deya, who was recently deported back to Kenya from the United Kingdom to face child theft charges was expected to be released from prison January 17 2018 but the decision has since been reversed.
Deya had undertaken to obey any conditionalities that may be pegged on his release.
Justice Kimaru scoffed at Deya’s lawyer John Swaka who had stuck out his neck as a surety who will shoulder the responsibility if he jumped bail.
“The trial magistrate exercised his discretion wrongly, illegally
and improperly in granting bond and in issuing the orders…”said judge Kimaru while dismissing the lower court’s order for Deya’s release.
Trial magistrate Francis Andayi had granted Deya bond on grounds that the DPP failed to conclude the case in 120 days as earlier directed by the High Court .
Justice Kimaru has since added 90 days for completion of the case.
Police charged Deya on grounds that he is not the biological parent to five children found in his house at Mountain View estate in Kagemi, Nairobi, in 2004.