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
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
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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