Pastor Ezekiel Odero of New Life International Church on Tuesday, May 2, directed his lawyers to file an application before Shanzu Court asking the magistrate to free him.
His lawyer Danstan Omari confirmed to Kenyans.co.ke that in his affidavit, Odero also sought to stop the court from detaining him for 30 days as applied by the prosecutor.
Through his Lawyers Cliff Ombeta, Omari and Jared Magolo, the embattled pastor told the court that the State had no reason to detain him any longer since investigators were still reviewing evidence lodged against him.
"The police claim to be collecting evidence on the Preacher yet they want to continue holding him. That is a complete violation of Pastor Ezekiel's right," Omari stated.
He further argued that he was detained prematurely before the Directorate of Criminal Investigations (DCI) could complete the investigations over the death of his followers in Kilifi.
The lawyers noted that their latest application was meant to arrest the ruling on which Shanzu Senior Principal Magistrate Joe Omido was set to deliver at 2 pm.
“The gist of the application is that the DCI approached the court using an affidavit that make very wild and unsubstantiated allegations.
"As a very good response to the allegations, we have equally put in an affidavit that seeks to respond blow by blow in every single issue that has been raised in the DCI affidavit," Omari explained.
Ezekiel was on Friday, April 26, arraigned in court after being accused of taking part in a joint conspiracy to bury dead followers at Shakahola Forest where over 100 bodies had been exhumed.
The police, as a result, are pursuing charges of money laundering, felony, murder, aiding suicide, abduction, radicalisation, genocide, crimes against humanity, child cruelty and fraud against Pastor Ezekiel Odero.
While making an application to detain Ezekiel for 30 days, the Directorate of Public Prosecution (ODPP) claimed that the New Life International Church overseer could interfere with the ongoing investigations if released on bail.
The police also attempted to link Ezekiel to controversial Malindi-based preacher, Paul Mackenzie, who had been charged with aiding the death of followers in Shakahola Forest.
Shanzu Senior Principal Magistrate Joe Omido is set to review the case and rule on the application by the Prosecution while considering the exigence of time as a consequence of the constitutional timelines for the arrest and arraignment of suspects.
