Pastor Ezekiel Odero has filed a petition with the court, seeking conservatory orders to reopen the New Life Prayer Centre and Church, as well as his TV station, World Evangelism TV, while he is under investigation for the Shakahola Massacre.
The preacher alleged that the decision to close down his church and TV station was made illegally and in violation of Article 47 of the Constitution, as read in conjunction with Section 4 of the Fair Administrative Actions Act 2015.
According to the petition, which names the Attorney General, the Inspector General of Police, and five others as respondents, Ezekiel claims that his church and TV station were closed down before he was charged in court.
Ezekiel further asserted that the decisions to close the church and TV station were based on emotion rather than facts.
"The above twin pronouncements by the state were made without any notice and factual basis and reactionary whose impact has resulted in halting access to worship by members and congregants of New Life Prayer center who continue to act on the public pronouncement to avoid and refrain from the church premises for daily prayers and spiritual nourishment."
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He argued that the forest where the alleged cult activities occurred, which led to the discovery of at least 109 bodies so far, is around 200 kilometres away from his Mavueni church.
He also contended that the allegations levelled against him lack factual justification because the conclusions are based on future events and investigations that have yet to be initiated or conducted.
Ezekiel claimed that he only received a letter from Ezra Chiloba, the Director General & CEO of the Communication Authority of Kenya, notifying him about the decision to suspend temporarily the operations/frequency of his TV station shortly after his arrest.
The pastor’s legal representatives, Danstan Omari and Cliff Ombeta urged police officers who had barricaded the roads leading to the church to allow worshippers access to the church.
Omari claimed his client was not served with a written order to close down the church besides the verbal order.
After being released from police custody on Sunday, Ezekiel returned to the pulpit.