An application seeking to compel the police to charge the wife of London-based preacher Gilbert Deya is urgent, a judge ruled yesterday.
The application will now be heard this morning.
High Court judge John Osiemo yesterday certified the case as urgent upon application by Mrs Mary Deya’s lawyer Kiraithe Wandugi.
In her application, Mrs Deya also wants the court to summon the commissioner of police Major Gen Mohammed Hussein Ali to show cause why he should not release her.
Requesting the judge to certify the application as urgent, Mr Wandugi said his client was being held contrary to the provisions of the Constitution.
1Given birth miraculously
He said the police have and are continuing to infringe on her rights guaranteed by the Constitution.
Mrs Deya, 57, is detained at the city’s Parklands Police Station.
She was arrested on Saturday, soon after claiming to have given birth miraculously on her way to hospital.
Police were called after doctors who examined her found no evidence that she had just given birth. They said a newborn baby boy she arrived with at Kenyatta National Hospital could not be hers.
On Sunday, Mr Ombeta had said police had told him that Mrs Deya and the baby would undergo DNA tests to prove if she was the mother. He promised to order similar independent tests.