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Miracle baby mastermind Mary Deya sentenced afresh

23 May 2014, 14:46

Nairobi - The wife of the miracle baby’s pastor who had appealed against being jailed for three years after stealing a child was yesterday sentenced for the second time for the same period.

High Court judge Mbogholi Msagha upheld Mary Juma Gilbert Deya’s three year sentence after finding her guilty of the accused charges, sufficient evidence produced by the prosecution and the sentence which had been given to her by Chief Magistrate Grace Nzioka in 2011.

Justice Msagha agreed with the trial magistrate’s ruling and vacated bail terms of being released on a Sh 200,000 accorded to Ms Deya pending the end of the case.

“After hearing the appeal, I agree with the trial magistrate in her sentence that there was sufficient evidence that indeed the accused stole the child, the bail terms are vacated and she is committed to serve her sentence,” ruled the judge.

The wife of the UK based televangelist Gilbert Deya had been charged with the offence of stealing a child on September 10, 2005 at the Kenyatta National Hospital, possessed, harbored the unnamed child.

She was also accused of giving false information to a Dr James Kiarie at KNH that she had given birth to the said child and had delivered a placenta at the Nairobi hospital.

Ms Deya was aggrieved by the conviction and lodged an appeal in the High Court while claiming that there was no sufficient evidence to establish a strong case in which the trial magistrate relied on in passing the sentence.

Magistrate Nzioka had ruled that the medical evidence presented in court that Ms Deya was not the maternal parent and had passed the sentence which was to run concurrently with the charges.

A doctor from KNH during the initial trial, told court that the baby boy, christened “Baby A” was only a day old when Ms Deya was found and that is what led to her arrest.

Doctors and investigators who testified against her dismissed her claims that she was past menopause and was biologically incapable of conceiving.

Another witness had testified that she saw Deya pick a used pad from the dustbins which she inserted in her underpants as a search was mounted in the maternity ward.

She had constantly defended herself saying that no parent had laid claim to the baby hence the theft charge had been unconstitutional as there was no complainant in her case.

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