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| Pastor Ezekiel Odero. |
Televangelist Ezekiel Odero has petitioned the court to issue conservatory orders to reopen his church and TV station pending the outcome of an investigation into his alleged involvement in the Shakahola Massacre.
According to court documents obtained by Citizen Digital, Ezekiel claims 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.
Ezekiel, who is being investigated for the Shakahola Massacre, claims that his church and TV station were shut down before he was charged in court.
In the petition, which names the Attorney General, the Inspector General of Police, and five others as respondents, Ezekiel argues that the decisions to close the church and the 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 to 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," Pastor Ezekiel says in the petition.
Ezekiel claims that the Shakahola forest where at least 109 cult members' bodies have been exhumed so far, is about 200 kilometres away from his Mavueni church.
He also claims that the allegations levelled against him lack any factual justification because the conclusions are based on future events and investigations that have yet to be initiated or conducted.
In the court papers, the Televangelist said to own the expansive 300-acre New Life Prayer Center and Church.
Shortly after his arrest, he received a letter from Ezra Chiloba, the Director General & CEO of the Communication Authority of Kenya, communicating the authorities’ decision to temporarily suspend the operations/frequency of the World Evangelism TV.
On Sunday, May 7, the preacher was back at the pulpit, just days after he was freed from police custody. His lawyers Danstan Omari and Cliff Ombeta urged police officers who had barricaded the roads leading to the church to allow worshippers access the church.
According to Omari, despite a verbal order to close down the church, no written order had been served to the preacher.
The situation is complex and raises concerns over religious freedom, administrative fairness, and criminal justice. On one hand, the Televangelist is entitled to due process and the presumption of innocence until proven guilty.
The allegations against him should be investigated thoroughly, and if he is found guilty, he should face the full force of the law. On the other hand, the state has a duty to ensure public safety, uphold the rule of law, and prevent the abuse of religious institutions.
The closure of the church and TV station should be based on verifiable evidence, proper notification, and procedural fairness. It is not clear from the available information whether these conditions were met.
The lack of a written order raises questions about the legality of the closure and the extent of the state's power to restrict religious activities.
The role of the media in reporting on the issue also deserves attention. While the media has a duty to inform the public about important events and issues, it should do so in a responsible and ethical manner.
Sensationalism, bias, and misinformation can fuel tensions and prejudice, and undermine the public's trust in the media.
It is important to remember that this is not an isolated case. Religious institutions and leaders have faced scrutiny and criticism in many parts of the world, often for legitimate reasons such as financial impropriety, sexual abuse, or extremism.
At the same time, religious freedom is a fundamental human right, and should be respected and protected.