The High Court has released controversial preacher Gilbert Deya on Sh10 million bond because the prosecution failed to complete the trial in stipulated period.
In his ruling, Justice Luka Kimaru said Pastor Deya’s previous conduct is still questionable and he is still considered a flight risk.
However, the judge pointed an accusing finger at the prosecution for failing to complete the trial even after being granted additional 90 days.
FREEDOM
“The accused needs to be given stringent terms so that he does not abscond. He has a history of absconding and maligning the courts,” said Justice Kimaru.
He directed that the accused deposits the said amount as cash bail or bond in order to secure his freedom.
Last December, chief magistrate Francis Andayi had ordered that the preacher be released on a Sh1 million bond but the prosecution protested against the release and moved to the High Court, saying his past conduct speaks volumes.
CHILD THEFT
Justice Kimaru’s ruling means the prosecution has suffered a blow in its quest to see the controversial man of the cloth is behind bars.
Chief magistrate Francis Andayi had earlier granted prosecution 120 days to finalise the trial against Mr Deya and warned against attempts to prolong the case.
Mr Deya has been at the Kamiti Maximum Prison since August 4, 2017, the day he was extradited from the UK and charged with the offense of child theft.
EXTRADITION
Prosecution had earlier told the court the accused had been evading justice since 2005 when he left for the UK.
While in the UK, the Kenyan authorities sought his extradition and he went to court to stop the request. He, however, lost the extradition proceedings in a London court but went ahead to appeal against the judgment.
He lost the appeal in 2008 and attempts to further stop his extradition hit a dead end last year.