The Shakahola Task Force And Its Recommendations
The Shakahola Task Force was created by the President of Kenya back in May 2023 in response to the tragic events surrounding the Shakahola Massacre. This massacre came to light when mass graves were discovered in the Shakahola forest in Kilifi County. The graves contained the bodies of over 400 individuals who were believed to have been followers of a cult led by a self proclaimed Pastor, Paul Mackenzie. Mr Mackenzie allegedly encouraged his followers to fast to death in order to “meet Jesus”.
The task force was given several responsibilities, including:
- Identifying Gaps: The task force was mandated to identify legal, institutional and governance gaps that allow extremist religious organizations to operate in Kenya.
- Formulating a Legal Framework: The task force was asked to develop a legal framework that would stop these extremist religious organizations from operating within the country. This would include proposing new regulations that would improve oversight of religious organizations.
- Civic Education Proposals: The task force was expected to table proposals for civic education initiatives that would raise awareness among Kenyans about the dangers of religious cults and extremist practices.
- Recommendations for State Action: The task force was responsible for making recommendations on actions the government could take against individuals and organizations suspected of engaging in extremist religious practices.
The current legal framework governing Churches and Religious Institutions in Kenya is primarily shaped by the Constitution of Kenya (2010) and the Societies Act (Cap 108).
The following are the Constitutional Provisions:
- Freedom of Religion: Article 32 of the Constitution guarantees every individual the right to freedom of conscience, religion, thought, belief and opinion. This includes the right to manifest any religion or belief through worship, practice, teaching or observance.
- Separation of Church and State: The Constitution establishes a principle of separation between religious institutions and the state, allowing for the coexistence of various faiths without discrimination.
The Societies Act (Cap 108) basically 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 Shakahola Task Force identified several gaps within the current legal framework governing religious organizations and proposed the following key recommendations.
- Establish a Religious Affairs Commission: The task force proposed creating a Religious Affairs Commission to oversee religious matters in Kenya. The RAC would be responsible for registering religious organizations, receiving and reviewing their annual returns, and monitoring compliance with regulations.
- Require Financial Reporting: Under the proposed Religious Organizations Bill, all Churches and religious organizations would be required to submit annual financial returns, accounts, membership registrars and other documents to the Religious Affairs Commission. Failure to file returns would result in penalties.
- Confer Legal Personality: The task force noted that societies created under the Societies Act are not corporate bodies. This poses a challenge when it comes to monitoring them for compliance. The proposed Religious Organizations Bill aims to confer a legal personality to religious institutions upon registration.
- Outline Registration Requirements: The task force recommended a legislative framework outlining specific criteria for registering religious organizations, including submitting a constitution with a statement on doctrine of faith and obtaining statutory clearances such as tax compliance, anti corruption clearance and good conduct certificates.
While the legislative process for a new legal framework may take time, the task force proposed interim measures to address existing challenges, such as:
- Formulating Regulations under the Societies Act: Regulations would be formulated and gazetted under the Societies Act to implement recommendations until a new bill is enacted.
- Adopting a hybrid regulatory model: A combination of self regulation by religious bodies and government oversight would be implemented to enhance accountability and prevent abuses.
The task force proposals aim to strike a balance between respecting religious freedom and ensuring that religious organizations operate within the confines of the law. This is so that extremist practices that endanger lives like in the case of the Shakahola Massacre are prevented.
