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A church associated with Pastor Ezekiel Odero (pictured) may be closed after the Court of Appeal dismissed his lawsuit that sought to prevent the State from interfering with its operations.

 Pastor Odero and two members of NewLife Prayer Centre Church (NPCC) had appealed a decision by the Registrar of Societies to cancel the church’s licence.

 The church was among several shut down last year after their licences were cancelled due to improper registration.

 Although the church obtained temporary orders to halt the closure while the case was being heard, the High Court ultimately dismissed the case.

 A three-judge Bench comprising Justices Daniel Musinga, Kathurima M’inoti and Mwaniki Gachoka declined to reinstate the church’s licence.

Administrative remedies

 They ruled that Odero had failed to exhaust all available administrative remedies before seeking judicial intervention.

 “In this case, the record speaks for itself. NPCC did not apply for exemption under the Fair Administrative Action Act, nor did it present before the High Court any exceptional circumstance to justify refusal to invoke the prescribed mechanism,” the judges said.
 The appellate court agreed with the High Court’s decision that dismissed Odero’s case on the grounds that he should have first appealed using other mechanisms before approaching the court.

 “In light of the consistent decisions of this court and the Supreme Court that a party must first invoke the dispute resolution mechanisms provided by the law before resorting to the High Court or courts or equal status, we are satisfied that the intended appeal is not arguable. Accordingly, this application is hereby dismissed,” the judges ruled.

 The church had argued that without an injunction, it would be forced to close down and wind up its projects, thereby violating its members’ rights to freedom of association and worship.

 Odero argued the Registrar of Societies’s move restricted church members’ right to practise their religion.

 The decision to deregister his ministry, Odero argued, was a scheme to frustrate and obstruct the operations of the church he leads.
 Odero said he learnt about his church’s deregistration through media reports, eight days after the lapse of a 21-day notice.