BY SAM ALFAN.
Kilifi based preacher Ezekiel Odero has challenged the shutdown of TV station by the Communication Authority of Kenya (CA).
The preacher filed the case before the Communications and Multimedia Appeals Tribunal seeking orders to compel the CA to reopen the TV station.
Through lawyer Danstan Omari, Odero says the suspension of World Evangelism TV and the withdrawal of the broadcasting license No. BL/CA/FTATV/2020/52, is illegal.
He argues that CA Director General Ezra Chiloba erred in law and in fact by failing to afford his church the opportunity to be heard and refute the allegations made by the industry regulator.
The preacher said CA abruptly suspended World Evangelism TV Broadcast License despite having explicitly granted his church a 45-day grace period to adhere to the stipulated regulations and rectify any deficiencies within their establishment.
“The Director General of the Respondent erred in law and in fact by failing to restore World Evangelism TV broadcasting license despite the appellants having compiled and written to demonstrate compliance with all set rules and norms making the current suspension an arbitrary and unfair measure that lacks any justifiable rationale,” says the preacher.
His lawyers argued that the move to deny both the preacher and his station the chance to exercise their right to defend themselves, was illegal.
“This unwarranted suspension is a clear manifestation of unfairness, represents a draconian measure, and flagrantly contravenes the appellant’s entitlement to fair administrative action and a fair hearing,” his lawyers told the Tribunal.
Odero said in an affidavit that he is an evangelist, a crusader of the gospel and a dedicated servant of God currently involved in the Spread of Ministry under the New Life Prayer Center and Church.
He said the international ministry has its headquarters at Mavueni Kilifi County and he began ministry sometime in the year 2010 and registered the Church sometimes in the year 2012.
It was initially stationed in Shanzu before shifting to the current location at Mavueni in March 2022 or thereabouts.
The preacher said through the World Evangelism TV, he has consistently and assiduously been engaged in the dissemination of God’s holy message. “As an ardent preacher, my tireless efforts are aimed at making the world a better place,” he said.
He said the CA systematically deprived him of a fair and impartial opportunity to defend World Evangelism TV against the allegations brought against it.
“Rather than providing me with the requisite avenue to present a comprehensive rebuttal, the Communication Authority of Kenya has unilaterally resorted to the draconian and inequitable measure of suspending the broadcasting license, an action we maintain to be profoundly unjust,” he submitted.
He said the CA flagrantly disregarded his right to due process by summarily suspending the broadcasting license without granting him an adequate opportunity to mount a defense.
Odero said his ministry has always run the television station to the required standards and dutifully filed the relevant documentations with the CA.
“We replied informing the Authority that we had complied with the rules but they disregarded this and suspended broadcasting and Authority’s decision to abruptly close the TV station, without extending any form of prior notice or granting the right to a fair hearing, stands as a glaring manifestation of discrimination and extreme unfairness and this prejudiced course of action undermines the fundamental principles of procedural justice and equitable treatment that form the bedrock of our legal system,” says the preacher in his supporting affidavit.
He adds that it is essential to underscore that the TV station under scrutiny is exclusively dedicated to propagating the gospel, embodying a mission of promoting goodwill and spiritual guidance.
“Consequently, the contention arises that the station’s closure lacks justifiable grounds, as it fails to demonstrate any tangible negative impact upon any concerned parties,” he said.
He adds that the reopening the station becomes an imperative measure in light of its inherently benign nature.
