The government is looking into possible cult killings in Shakahola, Kilifi County, but the High Court in Mombasa has decided not to lift the block on more than 15 bank accounts belonging to Pastor Ezekiel Odero and his congregation.
Presiding Judge Olga Sewe decided on Monday that the Nairobi-issued orders against Pastor Ezekiel and the New Life Prayer Centre and Church will stand.
He rejected all of Pastor Ezekiel’s applications, only allowing his supporters entry to the church in Mavueni, Kilifi County.
Pastor Ezekiel, who is being investigated for a number of crimes, including genocide, denounced state persecution in his writings.
The pastor requested a temporary halt to the orders freezing his bank accounts and to the Milimani, Nairobi, magistrate court proceedings, but the judge deemed this request unacceptable.
“The application dated May 8, 2023, being misconceived, is hereby struck out, ” said the judge.
The judge also rejected his appeal for the reinstatement of his Global Evangelism TV channel, which would have nullified the Communication Authority‘s show-cause letter attempting to suspend the station’s frequency.
The magistrate court reports to the High Court in Nairobi, which the judge claims Pastor Ezekiel should have gone to instead.
The judge stated that Pastor Ezekiel had not offered sufficient justification for the court to grant the directives he was requesting.
The judge claims that the frequency suspension has not yet taken place and that Pastor Ezekiel was simply requested to provide justification for why the suspension should not take place.
“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.
“The 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 the issuance of the orders. The application is therefore dismissed,” Judge Sewe said.
Yet, Pastor Ezekiel and his followers have been given permission to freely worship at their church.