Pastor Ezekiel Oduor of New Life Prayer Centre and Church in Mavueni in Kilifi has filed an application seeking to stop the court from detaining him for 30 days.
Last Friday, Odero was arraigned before Shanzu Magistrate Court for being accused of jointly and by conspiracy suspected of committing the felony of murder, aiding suicide, abduction, radicalization, genocide, crimes against humanity, child cruelty, fraud and money laundering.
The Director of Criminal Investigation filed an affidavit asking the court to deny Odero bail terms because the crimes under investigation by their nature, gravity and seriousness are complex.
Odero is also linked to controversial Malindi-based preacher, Paul Mackenzie, who is also behind bars for the alleged deaths of his followers in Shakahola in Magarini, Kilifi.
Due to the exigence of time as a consequence of the constitutional timelines for the arrest and arraignment of suspects, the Shanzu Magistrate Court reserved May 2 for the delivery of the ruling after listening to oral highlights of both parties
Shanzu Senior Principal Magistrate Joe Omido, who is handling the case, is Tuesday afternoon expected to make a ruling on whether Odero will be released or detained for another 30 days.
His lawyers, Cliff Ombeta, Danstan Omari, Shadrack Wambui and Jared Magolo on Tuesday morning filed a new application seeking the court to stop the delivery of its ruling, saying they deserve a chance to be heard again.
They were speaking outside the Shanzu Magistrate Court Tuesday morning.
“We have filed an application which essentially seeks to arrest the ruling that is set to be delivered at 2 pm today,” Wambui said.
“The gist of the application is that the DCI approached the court using an affidavit that make very wild and unsubstantiated allegations. So as a very good response to the allegations, we have equally put in an affidavit that seeks to respond blow by blow in every single issue that has been raised in the DCI affidavit.”
The lawyers said the question as to whether there is ground to detain Odero is a question of law.
“Therefore, we will be seeking the audience of the court before they can deliver that ruling, let us reopen this issue,” he said.
“Let us establish if there is enough ground to detain the pastor by words that have been put forward by lethargic investigators who have not even gone to the ground and interrogate the whole issue and are interested in wasting the courts time and taint the good reputation of the pastor.”
The notice of motion has been filed under a certificate of urgency.
In his affidavit, Pastor Odero said there is a pressing need of arresting the delivery of the ruling so that the court can equally consider his written affidavit.
“Unless the court arrests the delivery of its ruling on whether or not there is a reason to detain the respondent for 30 days, and consider his written affidavit in rebuttal to the falsehood contained in the applicant’s affidavit sworn by George Kariuki (ASP), there will be a miscarriage of justice as the court will not be properly equipped to render a just and well-informed determination,” Odero said.
He said the affidavit by the investigating officer is a wicked attempt to scandalize his name by creating a connection between him and Pastor Paul Mackenzie due to a previously failed commercial transaction between them.
In his six-page affidavit, Odero said that he began his preaching sometime in 2010 and registered the New Life Prayer Centre and Church in 2012 and was stationed in Shanzu before moving to Mavueni in March 2022.
He said the application by the government to continue holding him for 30 days is a knee-jerk reaction to the realization of a security lapse in Malindi that has regrettably resulted in the deaths of many whose remains continue to be recovered at Shakahola
“I would strongly disassociate myself from one Paul Mackenzie as we do not have any close familial or friendly ties. Moreover, my teachings, initiatives, and focus in and out of the church are completely at variance with those of Mr Mackenzie is feared to be advocating for,” he said.
Immigration Department to be open on Saturday for passport collection