Tyisha Mote
The government has proposed a new bill that, if passed into law, will have far-reaching implications on the management of religious affairs Among the proposals contained in the bill is the establishment of a Religious Affairs Commission Some religious leaders have already rejected the bill and called for its total withdrawal, claiming it is unconstitutional For the last few days, there has been an uproar amongst a section of religious leaders after the Kenyan government invited members of the public to share their views on the proposed Religious Organisations Bill, 2024, and the Religious Organisations Policy, 2024.
Some religious leaders have described the proposed bill as unconstitutional. Photo: William Ruto.
Source: Facebook The bill, sponsored by the government, seeks to provide a framework for the registration, regulation and oversight of religious organisations.
Why church leaders are against the Religious Organisations Bill Some of the religious leaders, however, have rejected the proposed law in its entirety, terming it unconstitutional and an attempt to curtail freedom of worship.
They have since requested that the government withdraw it.
“They have opted to vilify the church and arbitrarily enact draconian bills and regulations that trump on the freedom of worship and muzzle the church,” read part of a statement issued by the Pentecostal Voices of Kenya (PVK) on December 13. It was a similar case for most of the religious leaders who attended public participation forums meant to collect views from the stakeholders on the proposed bill and the policy.
The forums were conducted by the Office of the Prime Cabinet Secretary.
Why government want new laws governing religious organisations According to the government, the proposed law seeks to provide a mechanism for combating the abuse of the freedom of religion and provide for the resolution of disputes relating to religious organisations.
It also seeks to provide a legal and institutional framework to facilitate the operations of religious institutions in Kenya.
Some religious leaders, however, expressed worry that the law, if passed as it is, will be used against them.
“We (the church) are already operating within a comprehensive legal and constitutional framework. There is nothing that justifies the push by the government to introduce other regulations,” said Church and Clergy Association of Kenya (CCAK) national chairman bishop Hudson Ndeda. Role of Religious Affairs Commission in proposed bill Some of the controversial proposals in the Religious Organisations Bill, 2024, are the establishment of a Religious Affairs Commission.
The commission, according to the Bill, shall be responsible for registering religious organisations, umbrella religious organisations and religious associations. It will also provide and promote oversight of religious affairs.
It will also receive and review the annual returns of religious organisations, umbrella religious organisations and religious associations.
The commission’s composition has also been questioned. According to the proposed Bill, it will be headed by a chairperson appointed by the president with two Principal Secretaries (PS) from the ministries of Treasury and Internal Affairs or their representative, appointed in writing.
The Attorney-General or his representative, appointed in writing, will also be a member of the commission alongside individuals nominated by Evangelical Alliance of Kenya, National Council of Churches of Kenya, Kenya Conference of Catholic Bishops, Hindu Council of Kenya and Supreme Council of Kenya Muslims, the Council of Imams and Preachers of Kenya.
Each of the religious organisations will nominate one individual.
NCCK will nominate one member of the Religious Affairs Commision if the proposed law is passed. Photo: NCCK.
Source: UGC Christian teacher Reuben Kigame noted that the commission’s composition gives the state control.
“The composition gives the president absolute authority to determine the decisions of the commission through majority votes,” Kigame told TUKO.co.ke. Registration of religious organisations under the proposed law Section 24 of the proposed Religious Organisations Bill, 2024, provides that an association of persons shall not operate as a religious institution unless it has been registered accordingly.
Registration of such institutions will be handled by the Religious Affairs Commission, with the registration process including the reservation of a name.
“The reservation of a name under subsection (4) shall be for a period of thirty days, or for such longer period not exceeding sixty days as the Commission may, for a special reason, allow, and during that period of reservation no other religious institution shall be entitled to be registered under that name,” read part of section 25 of the Bill. Religious organisations will also need to be approved by the commission to be allowed to operate in the country.
They will be required to submit the certificate of reservation of the name of the proposed religious organisation, a copy of the constitution of the proposed religious organisation and a letter of recommendation from an umbrella religious organisation.
A list of at least fifty members and a certified copy of a certificate, diploma or degree in theology or its equivalent from a recognised theological institution, from all the office bearers of the religious organisation, are other requirements to register a religious organisation.
Will religious organisations be allowed to participate in politics? The proposed Religious Organisations Bill prohibits religious institutions from engaging in political activities.
“A religious institution that contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding six months or to both,” read section 62(2) of the proposed bill. It also requires religious institutions, organisations and umbrella bodies to file annual returns
The bill also prohibits coercion into religion, religious extortion and religious extremism.
Views collected from Kenyans during the public participation forums will now be taken into consideration as the government prepares the final draft, which will be sent to Parliament for debating and subsequent approval or rejection.
Why did Milie Odhiambo lecture pastors? Previously, TUKO.co.ke reported that Suba North MP Millie Odhiambo left colleagues in laughter as she raised concerns over the conduct of some pastors.
The MP noted that some of the men of God touch their members inappropriately while praying for them.
She, however, offered a piece of advice on how the pastors should handle the female congregants.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
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