The High Court in Mombasa has declined to unfreeze more than 15 bank accounts belonging to Pastor Ezekiel Odero and his church as the government investigates suspected cult killings in Shakahola, Kilifi County.
Presiding Judge Olga Sewe on Monday ruled that the orders issued in Nairobi against Pastor Ezekiel and New Life Prayer Centre and Church will remain in force.
He dismissed all the applications filed by Pastor Ezekiel, only allowing the one granting his followers access to the church in Mavueni, Kilifi County.
In his documents Pastor Ezekiel, who is under investigations for various crimes, including genocide, decried persecution by the State.
The judge termed the pastor’s request for suspension of orders freezing his bank accounts and quashing the proceedings before a magistrate court at Milimani, Nairobi, as untenable.
"The application dated May 8, 2023, being misconceived is hereby struck out, " said the judge.
The judge also declined his request seeking reinstatement of his World Evangelism TV channel which would have quashed a show-cause letter by the Communication Authority seeking to suspend the frequency of the station.
According to the judge, the suspension of the frequency is yet to happen, and that the preacher was only invited to show cause why the suspension should not be effected.
According to the judge, the preacher should have moved to the High Court in Nairobi, which has supervisory role over the magistrate's court handling the issue.
The judge noted that Pator Ezekiel did not provide adequate reasons to enable the court to issue the orders he was asking for.
"It is settled that conservatory orders should be granted on the inherent merit of a case bearing in mind the public interest, constitutional values and proportionate magnitudes and priority level attributable to the relevant case," said the judge.
For conservatory orders to be issued, the judge said an applicant must have a prima facie case with a likelihood of success.
"General policy of the law is that courts must not act in futility. I am not satisfied that the petitioner has proved his case to warrant issuance of the orders. The application is therefore dismissed,” judge Sewe said.
The preacher and his followers have, however, been allowed to worship freely at their church.
