Nairobi City Lawyer Danstan Omari, who is part of the legal counsel for New Life International Church General Overseer Pastor Ezekiel Odero, on Tuesday, May 2, revealed the outcome of search operations conducted in the home of the Kilifi-based Preacher.
Speaking to the press, Omari stated that a team of officers from the Directorate of Criminal Investigations (DCI), accompanied by journalists, descended on the Mavueni Complex in search of evidence that would like Ezekiel to criminal acts.
The lawyer added that the seven-hour search operation led to combing every inch and corner of the 300-acre multi-billion complex.
"We went to Pastor Ezekiel's 300 acres complex with a team of investigators and journalists who were looking for evidence that would link him to any criminal acts.
"They spent more than seven hours looking for graves that might have been dug within the compound but there was none," Omari stated.
When DCI officers failed to locate the graves within the compound, they turned their attention to other properties developed on the land.
The investigators seemed interested in getting bodies either kept or concealed from the general public eye within and without the complex.
"They then began looking for places where bodies could have been kept. The investigators went everywhere looking for a morgue within the complex but there was none," he added.
After another fail, Omari claimed that the investigators did not give up but pressed on to establish the identity and role that each building played within the Prayer Centre.
The City Lawyer explained that Pastor Ezekiel had built a number of properties that provided homage to hundreds of people who visited the complex in a day.
He noted that DCI investigators were interested in knowing what was contained within the building and the details of the people living there.
"The investigators also searched a possibility that the complex could have been hosting a hospital, but they arrived at the conclusion that there was no hospital within the compound.
"Both Journalists and Investigators found no evidence that could link Pastor Ezekiel to any crime, leave alone the Shakahola Massacre," Omari explained.
Omari, therefore, expressed confidence that it was a matter of time before Pastor Ezekiel gained his freedom and his Church re-opened since he did not commit any crime.
"I listened to Pastor Ezekiel for more than seven hours while I was with a team of lawyers, including Shadrack Wambui, Jared Magolo and Cliff Ombeta, I came to the conclusion that the man had done nothing wrong.
"Pastor Ezekiel is being fought because he had been receiving a lot of money in terms of offerings, which he used to build primary schools, secondary schools, and a university," he stated.
On the question of suspected cult leader Paul Mackenzie accused of aiding the death of more than 100 followers, Omari stated that his client barely knew the Shakahola-based preacher.
"Pastor Ezekiel only met Mackenzie on two occasions. The first one - when he wanted to purchase his television station. The second meeting took place when he was giving out the money," Omari explained.
The DCI are yet to issue a statement on Omari's claim, nor speak on the search at Pastor Ezekiel's home. Lawyer George Oriaro, while speaking to Kenyans.co.ke, however, questioned why Omari to appeared to speak on behalf of the DCI, as it could be considered contempt of court.
Oriaro explained that anyone can comment on a case, not its merit.
"First of all. It can't be contempt. The DCI forwards its file to the Office of the Director of Public Prosecution (ODPP) who decides whether to charge or not and what the charge should be. The Prosecutor presents the ODPP's case in Court, as such, DCI cannot claim injuries by the comments," Oriaro explained.
However, the Lawyer warned that comments on the merit of the case would amount to a contempt of the court.
"Omari can be said to be giving a briefing of the purported search. And while that "briefing" may be permissible, it doesn't pass off as the official position of the DCI as Omani doesn’t speak for DCI. But he's in no contempt," Oriaro explained.
In a court of law, the merit of a case refers to the legal validity or strength of the arguments presented by each side.
It refers to the substance of the case, or the actual facts and evidence that support each party's position.
The merit of a case is determined by a variety of factors, including the quality and reliability of the evidence presented, the strength of the legal arguments made by each side, and the applicable law in the case.
In general, a case with strong legal arguments and solid evidence is said to have greater merit than a case with weak or unsupported arguments and evidence.
The merit of a case is important because it often determines the outcome of the case. If a case has strong merit, it is more likely to be successful in court, while a case with weak merit is more likely to be unsuccessful.
Ultimately, the judge will consider the merit of each side's arguments and evidence in making their decision.
