Controversial televangelist Gilbert Juma Deya has a case to answer in the miracle babies scandal, a Nairobi court has ruled.
Milimani Senior Principal Magistrate Robison Ondieki ruled on Monday, September 19, that the prosecution had established a strong case against the preacher in the criminal trial that involves allegations of theft of five children 20 years ago.
"After evaluation of the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established against the accused person herein. I, therefore, put them on his defence," ruled the magistrate.
Gilbert Deya's defence
Asked by the court how he would like to defend himself, Deya said he will give a sworn statement and will call witnesses during the defence hearing scheduled for October 4, 2022.
Magistrate Ondieki found Deya with a case to answer in five counts of stealing five children, all aged under 14 years, between 2002 and 2004, at Mountain View Estate, Nairobi.
The ruling comes 11 years after a Kibera court convicted Deya's wife Mary to three years for stealing a baby on September 10, 2005, at the Kenyatta National Hospital, and giving false information to Dr James Kiarie that she had given birth to the child in question.
Deya is facing five counts related to the miracle babies scandal.
In the first count, he is said to have stolen a child aged 14 years and renamed him Elijah Opiyo Deya. The incident happened at Mountain View Estate between May 2002 and August 2004.
In the other four counts, Deya is accused of renaming the other four children as Miriam Adondo Deya, Naomi Gilbert Deya, Ruth Akello Deya and Joshua Gilbert Deya.
However, Deya, who was deported from the United Kingdom in 2017, has since denied the accusations and is pursuing an acquittal.
The prosecution, through Nicholas Mutuku and Hellen Mutellah, had earlier sought to have Deya be found with a case to answer saying that they had submitted sufficient evidence in court demonstrating how the pastor stole the children and renamed them through fraudulent birth registrations.
The court heard that Deya after committing the offence later left the country for the UK where he stayed until he was extradited back to the court to face trial on the criminal charges.
According to the evidence adduced in court by the prosecution, an old couple, names withheld for legal reasons, narrated how they had delivered miracle babies following prayers by Deya and his wife Mary who were attached to the Deya Ministries.
The couple indicated to DCI detectives that the five children were born at Lucy’s Medical Clinic, Huruma Ngomongo Clinic and Gatecha Clinic in Dandora.
But a DNA report from the government analyst tabled in court dated April 14, 2005, concluded that Deya and his wife Mary were excluded as the biological parents to five of the children -Elijah Opiyo Deya, Miriam Adongo Deya, Ruth Akello Deya, Naomi Gilbert Deya and Joshua Gilbert Deya.
"It is thus clear that the accused person was not the biological father of the five children the subject matter of this case. Therefore the accused person having harboured these children in his house had intended to deprive their parents, guardians or lawful care or charge of the same" the witnesses told the court.
Further, the prosecution also adduced evidence showing how Deya fraudulently obtained from three different medical facilities the birth certificates of the five children.
