The Deregistration of Societies: A Legal Overview with Focus on Deregistration of Pastor Ezekiel Odero's Church in Kenya
By CMSME Club Team
Updated on Feb. 27, 2025, 11:29 a.m.
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What is Deregistration?
Deregistration refers to the formal removal of a society, such as a religious organization, from the official register held by the Registrar of Societies. In Kenya, the Registrar has the legal authority to deregister organizations that fail to meet the necessary legal requirements as outlined in the Societies Act or engage in activities that contravene the law. This process ensures that societies operate within the boundaries of the law, safeguarding both the public and members of such organizations from potential harm. Deregistration can occur for several reasons, including non-compliance with filing requirements, financial mismanagement, or illegal activities.
In this article, we explore the high-profile case of Pastor Ezekiel Odero's New Life Prayer Centre & Church, which became a subject of public debate after the Registrar of Societies deregistered it in 2023.
Pastor Ezekiel Odero: A Case of Deregistration in the Spotlight
Pastor Ezekiel Odero, the leader of New Life Prayer Centre & Church, found himself at the center of a major legal battle after his church was deregistered in August 2023. This decision followed the Shakahola massacre that killed nearly one hundred people, a tragic event that led to a wider public examination of the activities of certain religious groups in Kenya. The tragedy prompted an intensified focus on how religious organizations are regulated, bringing Pastor Odero’s church under scrutiny due to its influence on a large congregation.
The deregistration of the church created a ripple effect across the country, particularly because of the pastor's prominence and the church's role in the lives of its members. The Registrar of Societies issued the deregistration via a gazette notice on August 3, 2023, citing non-compliance with registration requirements.
"In exercise of the powers conferred by section 12 (1) of the Societies Act, the Registrar of Societies cancels the registration of the societies specified in the first column of the Schedule, with effect from the respective dates specified in the third column of the schedule," said Registrar of Societies Maria Nyariki. The basis for the cancellation was Section 12 of the Societies Act which permits the Registrar to cancel or suspend a society’s registration if they reasonably believe that the society has unlawful objectives, is likely to engage in activities harmful to public order or poses a threat to peace and welfare in Kenya.
The Legal Challenge: Republic v Registrar of Societies & Another; Kilonzo & 2 Others (Exparte)
After the gazette Notice, the applicants, Frankline Kilonzo and two others, initiated a judicial review application, seeking to overturn the Registrar’s decision to cancel the church’s registration. New Life Prayer Centre & Church had been officially registered under the Societies Act on September 11, 2012. However, in May 2023, the Registrar informed the church of its deregistration due to the failure to submit required annual returns.
The applicants argued that the church had been unable to file the necessary returns due to the confiscation of its registration file by the Registrar. Furthermore, they contended that they were not given sufficient notice about the cancellation, which was only made public in late May 2023, after the official notice period had already passed.
Despite the church’s claims, the Registrar maintained that the organization had failed to comply with legal filing requirements. The matter escalated into a judicial review application, wherein the applicants sought three remedies:
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A certiorari order to quash the deregistration decision.
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A mandamus order to compel the Registrar to accept the church’s overdue annual returns.
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A prohibition order to prevent further interference with the church’s operations.
Court’s Decision: The Importance of Legal Process Compliance
The High Court ultimately dismissed the applicants’ request, ruling that they had failed to follow proper legal procedures. The court noted that the Societies Act provides for an appeal process as the correct method of challenging the Registrar's decision, rather than seeking judicial review.
The court emphasized the importance of exhausting internal remedies before seeking judicial review. According to Section 15 of the Societies Act, the appropriate process for contesting the deregistration decision was to file an appeal with the Cabinet Secretary. Therefore, the court struck out the applicants' motion, stating that they should have pursued the appeal process under the Societies Act instead of resorting to judicial review.
The Appeal to the Court of Appeal
Pastor Ezekiel Odero’s legal team continued their fight by appealing the High Court’s decision in the Court of Appeal. However, the Court of Appeal upheld the High Court’s ruling and dismissed Odero’s application to reinstate the church’s license.
The Court of Appeal judges ruled that Pastor Odero and the other church officials had not exhausted the legal dispute resolution mechanisms before approaching the courts. The court reiterated that, as per the law, they should have appealed the deregistration decision to the Cabinet Secretary before pursuing a court case.
In this instance, the court emphasized the need to respect legal procedures and dispute resolution mechanisms outlined by law. The judges concluded that the deregistration of New Life Prayer Centre & Church should stand, as the proper legal channels had not been followed.
Judicial Review and Appeal Mechanisms: Key Takeaways
This case highlights several important legal principles. First, it underscores the importance of following the correct legal procedures when challenging administrative actions. The case also sheds light on the judicial review process, which serves to assess the legality of administrative decisions, but not to challenge the merits of those decisions. On the other hand, appeals are intended to re-evaluate the substance of a decision and provide an opportunity for a higher authority, such as the Cabinet Secretary, to review the matter before it reaches the courts.
The court's ruling in this case serves as a reminder that parties affected by administrative decisions must comply with statutory requirements and exhaust all prescribed remedies before seeking judicial review. In Pastor Ezekiel Odero’s case, the proper legal recourse was to appeal to the Cabinet Secretary, followed by a possible further appeal to the High Court, not to skip these steps and proceed directly to judicial review.
Conclusion: The Path to Challenging Deregistration
The case of Pastor Ezekiel Odero’s church serves as a remarkable example of the legal procedures involved in challenging the deregistration of a society in Kenya. It underscores the importance of understanding and following the proper legal steps when disputing such decisions. Societies, including religious organizations, can be deregistered if they fail to meet statutory requirements, but the law also provides a clear path for challenging such actions.
Pastor Ezekiel’s legal battle highlights the critical need to adhere to the procedures outlined in the Societies Act;beginning with an appeal to the Cabinet Secretary. His case serves as a reminder that, while religious organizations hold a significant place in society, they must comply with the legal frameworks that govern them. This ensures that these organizations operate transparently, responsibly, and in the best interest of their members and the wider public.
The government has a vested interest in maintaining public order, and institutions that violate these principles face serious consequences. When a society or business is found to engage in activities that threaten peace, welfare, or public order, the state has a duty to intervene. This case reinforces that such organizations will be shut down if they contravene the law, ensuring that only compliant and law-abiding entities operate within the country.
HOW WE CAH HELP
At CM SME Club, we help clients navigate complex legal issues, including those related to the registration and deregistration of Societies. We are committed to ensuring that all organizations comply with the law while protecting their rights. If you are facing challenges regarding the registration or deregistration of a religious organization, our experienced team is here to provide legal support and guidance to help you achieve the best possible outcome. Let us help you navigate the legal landscape so you can focus on your mission and community without legal hurdles standing in your way. For any inquiries visit our website at www.cmsmeclub.com or contact our contributors at bthuranira@cmadvocates.com or rkamuti@cmadvocates.com
Contributors: Brian Thuranira & Rosario Kamuti
Published on Feb. 27, 2025, 10:59 a.m.
