Pastor Ezekiel Odero has encountered a setback as the Court of Appeal has refused to suspend a ruling that facilitated the deregistration of his church, the New Life Prayer Centre (NPCC).
He approached the appellate court to seek a suspension of High Court Judge Jairus Ngaah’s ruling, which challenged the Registrar of Societies’ decision to revoke the church’s operating license. READ FULL STORY
Odero requested that this ruling be put on hold while awaiting a hearing and resolution of a forthcoming appeal.
However, the Court of Appeal judges Daniel Musinga, Kathurima M’inoti, and Mwaniki Gachoka rejected the application.
They argued that Odero and other church officials had not fully utilized the alternative dispute resolution options available under the law prior to seeking judicial intervention.
Court documents indicate that NPCC failed to submit its annual returns by the deadline of April 13, 2023, which led to the legal proceedings.
The Registrar of Societies informed the court that NPCC had not complied, and on May 18, the church was officially notified in writing of its registration cancellation.
The judges emphasized that NPCC was obligated to first appeal to the Cabinet Secretary, and if still dissatisfied with that decision, to subsequently file a second appeal with the High Court.
The church subsequently took its case to the court, where Justice Ngaah dismissed the application due to the failure to utilize the required procedures.
Furthermore, Justice Ngaah noted that while Section 9 of the Fair Administrative Action Act permits the High Court to grant exemptions from exhausting dispute resolution mechanisms.
Odero’s church did not seek such an exemption nor did it present any extraordinary circumstances for consideration.
The appellate judges concurred with Justice Ngaah, stating, “A party must first invoke the dispute resolution mechanisms before approaching the High Court.”
