The fate of unfreezing Thirty Bank accounts of pastor Ezekiel Odero will be known on Friday, May 19th when a Milimani Court will rule whether it has jurisdiction to review its orders freezing the said bank accounts.
The DPP told the court not to vary its orders because its constitutional powers over the matter are spent.
“This Court exhausted its powers on May 8 when it allowed the DCI a period of Thirty days to investigate serious crimes including money laundering by Pastor Ezekiel Odero of New life prayer centre and church.” Said St prosecutors James Gachoka and Virginia Kariuki.
They asked the Court to dismiss an application by Pastor Odero through Lawyers Danstan Omari, Shedrack Wambui, Cliff Ombeta, Martina Swiga and Samson Nyaberi asking the Court to review its freeze orders and allow the Pastor to withdraw Ksh 50 million operational cost.
Gachoka told Magistrate Benmark Ekhubi that he became factus-officio when he granted the freeze orders which will lapse after 30 days.
He further told the court that if Pastor Odero is aggrieved by the freeze orders, he can only seek redress at the High Court which has the capacity to revise the orders of the lower court if there is a mistake in it.
“Odero is seeking to achieve an appeal through the back door by circumventing the court procedure under section 362 of the CPC which allow a party to seek a review at the High Court if unsatisfied.” Said the prosecutor.
The court was told DCI obtained the orders to undertake investigations into a suspected case of money laundering. Which investigations will be interfered with if the court allowed Pastor Odero to argue his plea to have the freeze orders set aside?
Gachoka said a review order will frustrate DCI in discharging his legal mandate to probe the accounts in the complex matter which needs to be conducted in a quiet atmosphere.
“That any access and withdrawal of monies whether by a shilling or the 50 million, will highly prejudice the investigations and might tamper with the crucial evidence. This is a matter of great public interest and the court should allow DCI to complete investigations.” Submitted the prosecutor.
Gachoka urged the magistrate not to be swayed by emotional submissions by defence Lawyer Danstan Omari that the freezing of the accounts ‘is the persecution of the Christian faithful by the government ‘.
In his submissions, Omari told the magistrate the arrest of Pastor Odero and freezing of his accounts is an attack on the Christian faith and a calculated move to completely demolish the Church.
Omari said the Court had jurisdiction to reverse its orders and allow Pastor Odero to argue his substantive application to set aside the freeze orders.
Magistrate Ekhubi said he will deliver his ruling on the case tomorrow.
