Christian leaders from various church associations in Kenya have expressed concerns about plans to regulate religious activities through the Religious Organisations Bill and the Religious Organisations Policy.

The Evangelical Association of Kenya (EAK) and the Church and Clergy Association of Kenya (CCAK) pushed back on some sections of the draft legislation, terming them “unconstitutional.”

In a memorandum on Oct. 22, EAK observed that the proposed regulation aims to control religious organisations as entities under government control. “The bill introduces government oversight into religious organisations, treating them as if they are government-funded departments or parastatals,” the memorandum stated. “It infringes on the constitutional right to freedom of religion and the principle that Kenya shall have no State Religion.”

The Religious Organisations Bill seeks to establish an Advisory Board housed in the Office of the Attorney General. It also seeks to appoint a Registrar of Religious Organisations.

“The registrar shall issue, suspend or revoke certificates of registration in accordance with this Act, maintain a register of all umbrella religious organisations registered in accordance with this Act, and maintain a register of all religious organisations registered in accordance with this Act,” the proposed legislation states.

EAK states that the bill should also define in detail the term “oversight,” as it could be used inappropriately to deny the right of worship. According to EAK, clause 7(2) of the Bill does not provide a clear definition of the term “oversight” or specify the scope and extent of the Commission’s supervisory role.

CCAK urged the president to allow religious organisations time to provide input on the two pending pieces of legislation. The national chairperson of CCAK, Bishop Hudson Ndeda, said he saw mischief in the proposed bills and policies. The bill is yet to be introduced in the Senate for debate.

“The mention of some umbrella body and formation of a commission in the Bill is suspect and discriminatory and goes against our freedom of association,” Ndeda stated.

The CCAK strongly rejected these proposals, fearing that if religious bodies come under government scrutiny, arbitrary fines might be introduced that would limit the work of these institutions. The bill proposes a fine of 5 million Kenyan Shillings ($39,000 USD) or a three-year prison sentence for churches and their leaders who fail to register.

“We wonder why the government is keen on regulating religious institutions while introducing punitive fines and jail terms,” Ndeda said at a press briefing on Oct. 29.

The Federation of Evangelical and Indigenous Christian Churches in Kenya (FEICCK), on its part, warned that the legislation could see the curtailing of freedom of worship contrary to the Constitution of Kenya. Bishop Samuel Njiriri, chairperson of the FEICK, claimed the bill will lock out indigenous churches if it’s implemented in its current form. The Religious Organisations Bill, 2024 and The Religious Organisations Policy, 2024 also seek to regulate how religious organisations are founded and operated.

Curtailing religious extremism

These bills were introduced following the Shakahola massacre, which saw over 500 people killed under a religious extremist organization. A taskforce was formed by President William Ruto in 2023, and among its recommendations was the formation of an umbrella body to oversee religious institutions.

The proposed laws aim to prevent extremism that hides behind the curtain of registered religious organizations. Currently, the Societies Act governs the registration of religious institutions in Kenya. To operate legally, religious organizations must register with the Registrar of Societies, which grants them legal status as entities capable of entering contracts and owning property.

The taskforce proposed creating a Religious Affairs Commission to oversee religious matters in Kenya. The commission would be responsible for registering religious organisations, receiving and reviewing their annual returns, and monitoring compliance with regulations.

The Religious Organisations Policy 2024 identifies several gaps in the exercise of religious freedoms.

“The primary objective of the policy is to institutionalize the exercise of the freedom of religion in the religious sector in accordance with the Constitution,” the policy paper states.

Chief among these gaps is the absence of a clear policy and distinct legislation to guide religious activities, uncertainty over crimes committed under the guise of religion, and the lack of legal recognition for religious organizations. The report also highlights the unregulated online broadcasting of religious content and the absence of a framework to regulate how constitutional rights and freedoms under Article 24 are limited in religious practice.

The policy further points to the absence of rehabilitation programs for victims of extremist or cultic groups, a manual records management system, and discriminatory registration procedures, all of which undermine effective governance and accountability within the religious sector.

President William Ruto recently stated that the government will not impose itself on freedom of worship in a manner that would violate the constitution’ guarantees of freedom of worship.

“I urge those with ideas to allow religious leaders to define how they wish to regulate themselves and how religious organizations will proceed, as recommended by the taskforce I appointed under Rev. Mutava Musyimi,” President Ruto said at a church service on Oct. 6.

“We will defend freedom of worship without compromise, and there will be no limitations imposed,” he added.