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Court suspends Archbishop Deya’s release order

The High Court has suspended an order to release controversial UK-based televangelist Gilbert Deya on a Sh2million bond pending the hearing and determination of a case in which he has denied stealing five children 12 years ago.

Mr Justice Luka Kimaru on Tuesday ordered that Archbishop Deya remains at Kamiti Maximum Prison, where he is detained, until when the appeal filed by the Director of Public Prosecutions (DPP) will be heard.

Justice Kimaru suspended the release order issued by Nairobi Chief Magistrate Mr Francis Andayi.

“I suspend the order allowing the accused to deposit bond in court then gain freedom from tomorrow (January 18). The application to review the magistrate order will be heard on January 24, 2018,” Justice Kimaru said in his ruling.

Opposing the release of Archbishop Deya, Senior Deputy Director of Public Prosecutions, Mr Nicholas Mutuku, said granting the accused bond is against an order of the High Court that the trial be concluded within 120 days after it began during the last quarter of 2017.


“The trial magistrate had been directed by this court to finalize the trial of Deya when it commences within 120 days,” Mr Mutuku told Justice Kimaru, who had earlier on rejected a plea to admit the child theft suspect on bond.

The accused, who is being represented by lawyers Fred Ngatia, John Swaka and Cliff Ombeta, has applied for his release on bond since the case has not been concluded within the 120days.

Ordering for his release, Mr Andayi had ordered that Archibishop Deya be released from prison after depositing a bond of Sh2million with surety.

But Mr Mutuku, who is prosecuting the case alongside state prosecutors Victor Mule, Jacob Ondari, Tabitha Ouya and Ewdin Okello, filed an appeal to challenge that order.

The state prosecutors urged Justice Kimaru to grant them the opportunity to argue their case against the release of the televangelist, who had battled against his extradition from the UK for 12 years.

Deya is facing five counts of stealing five underage children between 1999 and 2004.