- Tana River Senator Danson Mungatana sponsors the proposed law that has been introduced in the Senate for first reading.
- The Senate ad-hoc committee developed the Bill following its enquiry into the mass deaths in Shakahola, Kilifi County linked to religious extremists.
Image: CHARLES MGHENYI
A religious leader who operates an unregistered organisation now risks a Sh5 million fine, three years in jail or both in a new bill that seeks to regulate religion.
The Religious Organisations Bill, of 2024, provides a regulatory framework, tough conditions for registration and harsh punishment for rogue operators.
“A person shall not establish, manage, operate, assist in the establishment, management or operation of a religious organisation or an umbrella religious organisation unless the organisation is registered,” the Bill states.
According to the Bill, Kenya has for a long time had little regulation around religious organisations resulting in the emergence of extremist and predatory entities.
“The regulatory regime is fragmented across various statutes thereby presenting a challenge because there is lack of an approval and enforcement agency to ensure religious organisations operate within the law,” the Bill states.
Tana River Senator Danson Mungatana sponsored the proposed law that has been introduced for first reading.
The Senate ad-hoc committee developed the Bill following its enquiry into the mass deaths in Shakahola, Kilifi county linked to religious extremists.
More than 400 people are believed to have starved themselves to death due to extremist religious teachings.
The Bill comes in the wake of a tough proposed law by the presidential task force that reviewed the legal and regulatory framework governing religious organisations in Kenya.
The task force’s bill proposed that clerics who use tricks or schemes of prayers alleged healing and miracles to obtain money from their followers fraudulently, face a Sh5 million fine or 10 years in jail.
The new Bill establishes the office of registrar of religious organisations. The office shall be headed by the registrar assisted by a deputy registrar.
The registrar shall issue, suspend or revoke certificates of registration.
The registrar shall also maintain a register of all registered organisations and umbrella religious organisations.
The office shall also regularly and at least once every year, inspect the premises and records of registered religious organisations.
For the counties, the Bill provides that the county executive committee member shall cooperate with the registrar in the enforcement of religious organisations operating only in their counties.
The executive shall carry out inspections of religious organisations operating only in their specific counties and supervise elections of members of the management structure of religious organisations.
According to the Bill, an entity is eligible to be registered as a religious organisation if the registration is supported by at least 25 natural persons who profess the same faith.
The registration must also be endorsed by an umbrella religious organisation, implying that a religious organisation must belong to a religious body.
The organisation must also have a management structure consisting of a board of trustees, at least two two-thirds of whom are Kenyan citizens, at least one person with a degree, diploma or certificate in theology who may form part of the board of trustees.
For an entity to be registered to belong to an umbrella body, its application must be supported by at least 25 proposed or registered religious organisations professing a common faith.
The registration must be endorsed by at least five natural persons who have not been convicted of a criminal offence.
“A person who intends to establish a religious organisation or an umbrella religious organisation shall apply for registration to the registrar in the prescribed form,” the Bill states.
Where the registrar is satisfied that an application meets the requirements under this Act, the registrar shall enter the name and particulars of the organisation in the register.
The registrar shall, upon entering the name and particulars of an organisation in the register, issue to the organisation a certificate of registration in the prescribed form.
Where the registrar determines that an application does not meet the requirements, the registrar shall, with reasons set out in writing, reject the application.
“A religious organisation or an umbrella religious organisation shall display, in a conspicuous place at the location of its operations, the certificate of registration issued under this Act,” the Bill states.
The registrar may suspend or cancel a certificate of registration issued where the organisation has contravened a provision of this Act or any other written law; or the organisation has contravened a provision in its constitution.
The proposed law provides that an umbrella religious organisation shall oversee and regulate religious organisations registered under the organisation.