In April 2023, Kenyans, and indeed the world at large, were shocked by revelations of mass starvation and deaths by a Christian religious cult at Shakahola in Kenya’s coast region. In response, the Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organisations was established to investigate the regulation of religious organisations in Kenya.
The Taskforce published its report in July 2024, along with the Religious_Organizations_Bill_2024 which will establish a legal framework to govern religious organisations in Kenya. The Bill proposes the establishment of a Religious Affairs Commission to, among others, administer the registration and regulation of religious organisations. The Commission will take over this function from the Registrar of Societies. Religious organisations are currently organised under the Societies Act. The Commission has a wider remit than the Registrar of Societies whose functions are solely administrative.
Other functions of the Commission will be to advise the Government on religious affairs, develop and implement a policy on religious affairs, sensitise the public on religious tolerance, religious liberty, and religious extremism, and undertake research and disseminate findings on religious institutions.
The Bill further proposes the establishment of a Religious Affairs Disputes Tribunal. The Tribunal will be staffed and regulated by the Judicial Service Commission.
In addition, Part VII of the Bill seeks to create some criminal offences. These offences are firstly, engaging in particular political activity such as supporting candidates for political office by religious organisations. Secondly, harmful religious practices. Thirdly, coercion into religious belief. It shall however not be an offence of coercion to religious belief for parents to instruct their children in matters of religious faith and belief. Fourthly, it will be an offence to engage in ‘religious extortion’ by religious leaders who obtain financial or other material benefits by promising miracles, healing, and prayers. Fifthly, religious extremism by ‘disparaging any divergent religious belief of another person and doing anything that causes harm to or threatens the safety, health or life of that other person will be an offence.
As the Bill progresses through Parliament and the public participation process, we will be pleased to advise concerned members of the public and religious organisations on any concerns they may have about the Bill.
