BY SAM ALFAN.
Director of Public Prosecution Noordin Haji has suffered a setback after a Nairobi court dismissed his application, objecting to an application by pastor Ezekiel Odero seeking to unfreeze his bank accounts.
Trial Magistrate Benmark Ikhubi dismissed the objection made by the prosecution saying it had no basis.
The magistrate also clarified that order freezing the 28 banks accounts and MPesa deposits, will only last for 14 days and not 30 days as sought by the DPP, to allow the police complete the investigations.
The order freezing the bank accounts were granted on May 8 and will expire on Sunday.
Pastor Ezekiel’s lawyers Cliff Ombeta, Danstan Omari, Samson Nyaberi, Shadrack Wambui and Matina Swiga waged a strong campaign to ensure that the bank accounts are open to enable their client access the money and finance over 5000 children who are catered for by the church.
Following the freeze order, the Kilifi-based preacher moved back to court and asked to be allowed to access at least Sh50 million for Kilifi International School, which he runs and for the church to operate smoothly.
Ombeta told the court that the DCI used mischievous and fraudulent means to obtain the orders as it was sought without disclosing to the court they similar matters before others courts.
The prosecution opposed the application for review, arguing that it would jeopardise the ongoing investigations.
Investigating officer Martin Munene who was being cross-examined by Pastor Ezekiel’s lawyers told the court that they were yet finish investigating 28 bank accounts linked to the embattled Pastor and his ministry.
According to the investigating officer, they have only received statements from five banks, with voluminous documents and they therefore, needed more time to go through them.
He said unfreezing part or all the accounts will prejudice the investigation, adding that the court should allow them to conclude investigations.
Munene told the court that the 28 bank accounts include 16 accounts are held in Co-operative Bank, 9 with NCBA, 1 Equity bank, 1 KCB and 1 bank account held at HFC.
The court heard that the state was yet to receive a report from Safaricom regarding the M-Pesa deposits, which was also frozen by the court.
