Pastor Ezekiel Odero has now moved to the High Court over the closure of his TV station ‘World Evangelism TV’.
The embattled pastor had filed his appeal at the Communications and Multimedia Appeals tribunal on May 15, but his case could not proceed as the tribunal was not properly constituted.
Odero now wants the High Court to exempt him from submitting to the jurisdiction of the tribunal and suspend the decision by the Communication Authority of Kenya (CA) to close his TV station.
CA announced the closure of the TV owned by Ezekiel a month ago for allegedly airing inappropriate content on exorcism during the watershed period. The TV station is said to have violated 12 other regulations.
However in fresh application at the High Court, Odero claims the suspension of the church’s World Evangelism TV without sufficient prior notice and an opportunity to be heard is part of an unconstitutional path that the CA has taken to frustrate his ministry.
Through lawyer Danstan Omari, Odero notes he was arrested on April 27 and held in police custody. On the same day, CA served him with a letter alleging noncompliance with broadcasting regulations with regard to World Evangelism TV.
“The aforementioned letter granted 45 days to remedy the issues but nonetheless the Respondent arbitrarily suspended licensing and broadcasting on the same day,” Odero said in court documents.
It is his case that he filed an Appeal at the Communications and Multimedia Appeals tribunal but to his astonishment, the Chair lady apprised him that one of the esteemed members of the Tribunal, specifically Collins Wanderi, had submitted correspondence declaring his intention to abstain from participating in any further tribunal activities.
“Consequently, the tribunal’s quorum is now deficient, effectively impeding its ability to carry out its mandated functions,” he notes in court documents.
According to him, CA has unreasonably denied him and his congregation his freedom of religion, right to property and are curtailing the freedom of the media as decreed under the Constitution.
“That unless this application and petition is heard on a priority basis and determined expeditiously, my bill of rights and fundamental freedoms to wit, their right to dignity, equality, fair administrative action, to property and to freedom of religion, right to fair hearing and rights of an accused person will continue to be violated by the respondent,” he said.
