Attorney General Dorcas Oduor has clarified that the government is not behind a Bill that’s been introduced in the Senate seeking to regulate management of religious organisations and their activities in the country.
The Religious Organizations Bill, 2024, has caused uproar amongst the clergy, with religious leaders calling for its withdrawal, saying its enactment will censure freedom of worship.
The Bill provides a regulatory framework, tough conditions for registration, and harsh punishment for rogue operators.
It says a person shall not establish, manage, operate, or assist in the establishment, management or operation of a religious organisation or an umbrella religious organisation unless the organisation is registered in accordance with the Act.
“A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.”
The AG said her office has taken note of reports associating the Bill with the government.
“It is hereby clarified that the Religious Organizations Bill, 2024, is a privately sponsored Bill brought forth by Senator Danston Mungatana, in accordance with Part XXI of the Senate Standing Orders,” Oduor said in a press statement on Friday.
The AG said as a privately sponsored Bill, the proposed piece of legislation reflects the independent views and legislative agenda of Senator Mungatana.
“This office confirms that the Bill is not a government-sponsored initiative, and as such, the government is not the sponsor nor driver of the proposed legislation,” she affirmed.
The Bill is at the moment undergoing the legislative process before the Senate.
Oduor said usual legislative processes will apply, including debate, public participation and scrutiny by the relevant committees in Parliament.
The Evangelical Alliance of Kenya (EAK) on Thursday joined other religious leaders in rejecting the Bill which also seeks to introduce taxes on income, gifts, or profits generated from the church.
The group termed the measures as punitive and lacking stakeholder consultation by members of the clergy.
"The Bill contravenes fundamental constitutional principles enshrined in Article 10, specifically the provision on public participation,” EAK Secretary General Reverend Kepha Nyandega.
Chairperson Bishop Philip Kitoto acknowledged that religious groups have been infiltrated by rogue individuals advancing extremist teachings but noted that religious organisations have played a critical role in shaping Kenya’s social and economic landscape.
“They complement the work of the government in peacebuilding, providing services in the health, education, and hospitality sectors," he said.
EAK also noted that the Bill duplicates existing regulations particularly coming after the finalisation of the work of the Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations in Kenya which equally outlined stringent measures on the regulation of religious organisations and their activities in the country.