Miracle babies Bishop Gilbert Deya wants the court to order his UK based lawyer to be present when the witnesses in the UK give their evidence.
In an application filed at Milimani Law Courts, the self-proclaimed Bishop through lawyer John Swaka sought the indulgence of the court in allowing his advocate to be on record at the time of tendering evidence to avoid a miscarriage of justice.
"This matter has been slated for hearing in the United Kingdom where the foreign-based witnesses will give their evidence on oath, the accused person since ab-intio has been able to procure the services of Nigel Leskin who has been securing the accused person's interest in the United Kingdom," the application by Swaka read in part.
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He says that the accused person is currently in Kenya which is within the court's jurisdiction that has further barred his departure outside of the country.
Nairobi Chief Magistrate Francis Andayi had directed that six witnesses tender their evidence in the UK through a video link.
Deya claims if not given the opportunity to cross-examine the said witnesses, it will be a great loss on his part.
Gilbert Juma Deya is facing five abduction charges which are contrary to the law.
It's alleged that on diverse dates between May 2002 and 2004 at Mountain View estate in Nairobi, jointly with others not before the court with intent to deprive unknown parents of the lawful charge of unnamed five children under the age of 14 years, Deya harboured the said children knowing they were taken or enticed away.
The application will be mentioned on October 14 for further directions.
