The Religious Organisations Bill And Its Implications For Evangelical Christians
The Religious Organizations Bill, 2024 has recently been tabled in the Kenyan Senate. This Bill was drafted by the Presidential Task Force on the Review of the Legal and Regulatory Framework Governing Religious Organizations in Kenya, which had been established by President Ruto back in May 2023. The task force was led by Dr. Mutava Musyimi, the former Secretary General of the National Council of Churches (NCCK) and had been created in response to the Shakahola Tragedy.
The Bill is in the Senate because the Senate already had ongoing investigations into the proliferation of unregulated religious organizations. The ad hoc committee which had been established to investigate the circumstances of the Shakahola deaths has highlighted the urgent need for regulatory measures to address issues of religious extremism and exploitation.
The purpose of the Bill is to provide a legislative framework for the registration, regulation and oversight of religious organizations and their umbrella bodies. The following are the key details of the Religious Organizations Bill:
- A Religious Organization is defined as an entity whose identity and mission are religious or spiritual, and does not operate for profit.
- An Umbrella Religious Organization is a registered body that has at least 25 religious organizations. It should be governed by a board of trustees that includes qualified religious leaders.
- All Religious Leaders must have a degree, diploma or certificate in theology (to be implemented 6 years after the Bill’s becoming law)
- The Bill proposes the establishment of the Office of Registrar of Religious Organizations to oversee the registration and compliance of religious organizations.
- All Religious Organizations and Umbrella Organizations have to register with the Registrar. Religious Organizations must maintain proper financial records, including payroll, income, and property transactions. These records will be subject to audits and inspection by the Registrar.
- All Religious Organizations will be required to submit annual financial reports to the government. Income from lawful activities must be taxed unless it can be demonstrated that the funds are being used for charitable purposes.
- To register a religious organization, one needs a constitution detailing the organization’s structure, a list of endorsers, information about the religious leaders and the organization’s intended activities.
- To be registered, the organization must be supported by at least 25 individuals of the same faith and endorsed by an umbrella organization. It must also have a management structure with a board of trustees, at least two thirds of whom must be Kenyan citizens.
- The Bill proposes the establishment of the Religious Affairs Commission. It will oversee religious matters, ensure compliance and promote public awareness about religious tolerance.
Potential Implications of the Law for Evangelical Christians:
In Section 34, the Bill states that a person shall not convert or attempt to recruit into their religion (basically converting one person from one religion to another) through misrepresentation, force, undue influence or coercion. It further states that a person shall not recruit, convert or attempt to convert a child from one religion to another without the consent of their parent or guardian. Section 34(1)(f) prohibits the indoctrinating any person with a religious doctrine. The penalty for contravening this section of the proposed law is a fine not exceeding KES 10 million or imprisonment for a term of up to five years. Or both.
This part of the law was included to protect individuals, especially children, from being forcibly converted and recruited into a religion against their will or without proper consent, but it can turn out to be problematic.
The prohibition against coercion could complicate traditional evangelical practices that involve persuading individuals to convert to Christianity. If evangelicals are perceived to be using undue influence, they could face legal repercussions.
There is some ambiguity with the terms “coercion” and “undue influence”. These words are subject to interpretation and could potentially lead to legal challenges against evangelical groups.
The requirement for parental consent for minors may limit engagement with younger audiences, which is usually the focus of many evangelical missions, especially in high schools.
While the Religious Organizations Bill, 2024 does a decent job in attempting to regulate and bring much needed oversight to Kenya’s religious sector, care needs to be taken to ensure that it in protecting the public from rogue religious institutions and practices, it doesn’t infringe on the religious freedom of genuine practitioners of their Faith.
