The New Life Prayer Centre, a popular church owned by Pastor Ezekiel Odero, is now facing imminent closure after the Court of Appeal dismissed his attempt to prevent the government from interfering with the church’s operations.
The church had previously been among several others that were shut down last year after their licenses were canceled 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. Pastor Odero then appealed to the Court of Appeal, which has now also dismissed his appeal, leaving no legal barriers in place to prevent the church’s closure.
The three-judge bench, consisting of Justices Daniel Musinga, Kathurima Minoti, and M. Gachoka, declined to reinstate the church’s license. They ruled that Pastor Odero had failed to exhaust all available administrative remedies before seeking judicial intervention. Specifically, the court agreed with Justice Jairus Ngaah’s earlier decision that Odero should have first appealed to the Cabinet Secretary before approaching the court.
“By dint of the above provision, NPCC was obliged to first appeal to the Cabinet Secretary, and if it was still aggrieved by the decision of the Cabinet Secretary, lodge a second appeal to the High Court,” the ruling stated.
The judges noted that New Life Prayer Centre did not apply for exemption under the Fair Administrative Action Act, nor did it present any exceptional circumstances before the High Court to justify bypassing the prescribed dispute resolution mechanisms.
“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 of equal status, we are satisfied that the intended appeal is not arguable,” the court 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. However, the court noted that instead of following the prescribed legal processes, New Life had directly approached the High Court on August 26, 2023, seeking to quash the decision of the Registrar of Societies to cancel its registration.
With the dismissal of the appeal, New Life Prayer Centre now faces the possibility of permanent closure, marking a significant setback for Pastor Ezekiel Odero and his congregation.
