Controversial preacher Gilbert Deya could soon get freedom from his remand at the Kamiti Maximum Prison.
This is after Chief Magistrate Francis Andayi on Thursday directed that he be released on Sh1 million bond with a surety of Sh2 million.
BOND
The magistrate also ordered that his lawyer should be held responsible if he absconds court.
However the magistrate said the bond terms will be effected on January 17 since the prosecution has failed to ensure that the hearing of the case is expedited.
If released, Bishop Deya will report at the Muthaiga Police Station every week as well as deposit his travel documents in court.
The prosecution had told the court that 25 witnesses would testify against him. But on Thursday it turned out that the prosecution alleged they have 33 witnesses yet only 15 have testified so far.
WITNESSES
The magistrate warned that should the prosecution fail to bring to court the witnesses, he would have no choice but to release Bishop Deya on bond terms.
“The release of Bishop will be effected as of January 17, 2018 if prosecution fails on its part again to avail its witnesses who have now been increased from the number we had been told,” said John Swaka, Mr Deya’s lawyer.
The Chief Magistrate had earlier granted the prosecution 120 days to finalise the trial against Mr Deya and warned against being mischievous to prolong the case.
Mr Deya has been at the Kamiti Maximum Prison since August 4, the day he was extradited from the UK and charged with the offense of child theft.
LOST CASE
The prosecution had earlier told the court that Mr Deya evaded facing justice since 2005.
While in the UK, the Kenyan authorities had issued a warrant of arrest against him. He lost the extradition proceedings in a London court but appealed against the judgment at a High Court in that country.
He subsequently lost his appeal in 2008 and even attempts to further stop his extradition hit a dead end last year.
But his lawyers insisted that he did not run away from facing prosecution because he was already residing in the UK after going there in 2002 and had acquired a licence to have a church there in 1996.
According to his defence, he has always complied with the British authorities’ directives by reporting at a police station as required from the time he lost his bid to stop his extradition.
CHILD THEFT
His wife Mary Deya was arrested and charged in 2008 with 10 counts of similar offences before being handed a three-year jail term.
Mr Deya is facing trial for stealing five babies between 1999 and 2004.
The offences were allegedly committed between May 12, 1999 and August 19, 2004 from a house in Nairobi’s Mountain View Estate.
The three girls and two boys alleged to have been stolen by the preacher are believed to have been under 14 years old.
He is accused of depriving the children’s parents lawful custody.