BY SAM ALFAN
Controversy riddled Kilifi Pastor, Ezekiel Odero has asked a magistrate to lift orders freezing his bank accounts.
Pastor Ezekiel told a Nairobi court that the orders obtained by Director of Criminal Investigations to freeze his bank accounts were obtained fraudulently.
Through his Lawyers Cliff Ombeta, Danstan Omari and Samson Nyaberi, pastor Ezekiel says that the DCI and the DPP – Director of Public Prosecution rushed to Nairobi to file a miscellaneous application without disclosing to the court that a similar matter was before Mombasa High Court.
Pastor Ezekiel believes that the state is engaging in a fishing expedition by filing various cases in different regions to frustrate him to give up his call.
“The state does not give birth to any child to know the pain it inflicts on human beings. The banks are in mombasa, the church is in mombasa, the schools are in kilifi. For God’s sake they are more than 500 courts all the way from kilifi to here. I want to be very categorical that this is a trend that the state has perfected,” Omari told the court.
“It is simply that question that we are before you. That had they, the court could not have listened to them. Interestingly, as they were before you here, they were also in the magistrates court in shanzu seeking similar orders, similar accounts, similar telephone numbers,” Omari told the court.
Lawyer Omari told the court that the state agencies are competing to persecute the Christian faith by the state and there is a serious attack on the faith of christian. He added that the state is determined to completely destroy pastor Ezekiel.
“Your honor you have been brought into that mix, very very knowingly by the state on what they are doing. Your honor this is not the only issue that probably is coming against the persecution of pastor Ezekiel for record purposes,” lawyer Omari submitted.
Lawyer Ombeta added that the state is being mischievous on the way it is behaving towards the preacher.
“State does not give birth to children but what it does, it eats other people’s children and in the process when they try to be mischievous they eat everyone, they eat the ODPP, they eat the judiciary and they don’t care. Why is that?
He said they are like a horse with blinders on, and they only target one thing and never look aside. “So for you to be able to understand this issue and the offer that is behind it. This is a matter that began with a simple business transaction. Pastor Ezekiel was looking for a television station,”.
Lawyer Ombeta told the court that the preacher was informed that Makenzie was selling a TV station.
“He goes to Makenzie and pays a deposit of Sh. 500,000. Makenzi complicates the situation by asking for more than the Sh. 3,000,000, which was agreed by adding other toppings to make it Sh. 5,000,000. Pastor Ezekiel says No I’m no longer interested. I can get my own station,” submitted Ombeta.
He told the court that was the end of that communication.
He dismissed state claims that the preacher and controversial pastor Mackenzie were in business.
“So all these other stories that are in business together, they are friends it’s just an overheated imagination nothing else. But since the damage has already been done by those words of the state that is associated with Makenzie, they cannot retreat, they cannot back down,” lawyer Ombeta told the court.
He submitted that they must be seen to be doing the right thing and that what they have said must be the truth of the Gospel.
“Pastor Ezekiel was arrested for investigation. They asked for 30 days, the court gives them 7 days because the day, we returned to court they had not done anything. Seven days and the court decided what?
That was not in good faith. Ezekiel was released on bail this was not good for them. Again, the bile is still there, and they are not happy. So what do they do? They must try to frustrate him. They ask for 30 more days, and the court denies them because they are acting in bad faith.
But they do not stop there, when they are embarrassed with bad faith, what do they do on 4th, and we find the application on 3rd on 4th they rush to shanzu on 4th the next day having known that this matter had already been filled in mombasa.
The court in shanzu tells them that the only order it can give them is to go and look and inspect books, nothing else. They are not satisfied with that. We have already served them with the application and the courts order. On 5th when they are trying to make a replying affidavit, they make a reply in court for the mombasa case and on the same 5th they make an application in this court. The ODPP having been eaten up does not know this why?,
Though we have served them the DCI now goes to make an affidavit Infront of the ODPP to make this application as well as to reply to the one in mombasa. ODPP might say that they are not aware but they are the ones helping they prosecute this matter in court, they are the ones present so they cannot hide.
Sombo one of the DCI officers makes one affidavit, Munene makes another affidavit all from the DCI . Can they say that they did not know about this matter then? Ombeta paused a question to the state.
“We appear in court on the 8th and what does the DPP do? Asks for time to respond to further affidavit so the DPP knows and I can feel the pain for my sister, she will get embarrassed about it because all this is something she doesn’t know,” Ombeta said.
“They ask for time the court says the matter must be heard. Wile we are in court then we discover that they have been in this court and we have the orders. We tell the court look here while we are waiting to reply they have gotten another application and gotten orders,” lawyer Ombeta submitted.
He said the court is shocked by the conduct of the state and it’s also embarrassed at the same time.
Johannes Odour the pathologist says he has not seen any of the bodies with missing body parts. So why did they come with that lie to you if this is not mischief then please tell me your honor what is mischief? He passed another question.
“If it is not malicious then tell me what is malice. Is it because they really want to do justice or they want to punish somebody and this is why your honor as you make this ruling you will have to have this in mind because somebody else, we don’t come to this Court because they came. We come to this court because we become wards of this court and the court must then balance this,” said Ombeta.
