The wife of London-based preacher Archbishop Gilbert Deya wants the police to produce her to court.
A lawyer for Mrs Mary Deya told a Nairobi court that the police could not continue holding his client, who is being held in suspicion of stealing a baby.
“Police cannot hold her for more hours unless they charge her. They cannot hold her continuously for 96 hours in a bailable matter,” said Mr Wandungi Kirathe.
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The lawyer said the matter was urgent and needed to be heard during the current court vacation. At the same time, Kirathe said Mrs Deya’s whereabouts were unknown after she was moved from Parklands Police Station where she was being held.
“She was taken out of there last night and as of now, we do not know where she is,” he told Mr Justice John Osiemo.
He said Mrs Deya “was mishandled during arrest” leading to swellings on both wrists and that she required medical attention.
The move comes three days after Mrs Deya claimed to have delivered a “miracle” baby boy on the way to Kenyatta National Hospital in Nairobi, where she was admitted on Saturday. Police later moved in and arrested her.
Yesterday, the court was told that the police were still looking for a complainant and were yet to indicate when they would charge Mrs Deya.
“I am begging the court to certify this matter urgent for us to proceed with the main application. There is a child involved, carrying out of DNA tests (to establish parentage of the child) and tracing the mother of the alleged stolen child.
“All these are bound to take a long time and my client’s rights which are violated will continue to be abused. Her only recourse is this court. She is therefore begging for protection.” Justice Osiemo certified the matter urgent and allowed the matter to be heard during the court vacation.
The case will be heard this morning.