Nairobi — A new proposed bill now seeks to regulate religious organizations with religious leaders who operate an unregistered religious organization, risking a Sh5 million fine, three years in jail, or both.
The Religious Organizations Bill of 2024 provides a legal framework by proposing punitive measures for registration and punishment for scrupulous operators of the religious institutions.
"A person shall not establish, manage, operate assist in the establishment, management or operation of a religious organisation or an umbrella religious organisation unless the organisation is registered," the Bill reads.
The Bill sponsored by Tana River Senator Danson Mungatana has already been introduced in the Senate for first reading following sittings by the Senate ad-hoc committee after its enquiry into the mass deaths in Shakhahola, Kilifi County linked to religious extremists.
The Senate ad hoc committee bill proposes that religious leaders who use manipulative schemes of prayers in pretence of healing and miracles to obtain money from their followers fraudulently face a Sh5 million fine or 10 years in jail.
"The regulatory regime is fragmented across various statutes thereby presenting a challenge because there is lack of an approval and enforcement agency to ensure that religious organisations operate within the law," the Bill says.
The bill provides that an entity is eligible to be registered as a religious organisation if the registration is supported by at least 25 natural persons who profess the same faith.
The registration must also be endorsed by an umbrella religious organisation, implying that a religious organisation must belong to a religious body.
For an entity to be registered to belong to an umbrella body, its application must be supported by at least 25 proposed or registered religious organisations professing a common faith.
The registration must be endorsed by at least at least five natural persons who have not been convicted of a criminal offence.
"A person who intends to establish an areligious organisation or an umbrella religious organisation shall apply for registration to the Registrar in the prescribed form," the Bill states.
The religious organizations must also have a management structure consisting of a board of trustees, at least two two-thirds of whom are Kenyan citizens, at least one religion with a degree, diploma or certificate in theology who may form part of the board of trustees.
The proposed law provides that an umbrella religious organisation shall oversee and regulate religious organisations registered under the organisation.
The bill entails provisions to establishes the office of registrar of religious organisations which shall be headed by the registrar assisted by a deputy registrar.
The Registrar shall also maintain a register of all registered organisations and umbrella religious organisations registered.
Where the Registrar is satisfied that an application meets the requirements for registration under this Act, the Registrar shall enter the name and particulars of the organisation in the Register.
The Registrar shall, upon entering the name and particulars of an organisation in the register, issue to the organisation a certificate of registration in the prescribed form.
Where the Registrar determines that an application does not meet the requirements for registration under this Act, the Registrar shall, with reasons set out in writing, reject the application.
"A religious organisation or an umbrella religious organisation shall display, in a conspicuous place at the location of its operations, the certificate of registration issued under this Act," the Bill says.
The Registrar may suspend or cancel a certificate of registration issued where the organisation has contravened a provision of this Act or any other written law; or the organisation has contravened a provision in its constitution.
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He or she will be mandated to issue, suspend or revoke certificates of registration.The office shall also regularly and at least once every year inspect the premises and records of registered religious organizations.
In the devolved units,the Bill provides that the county executive committee member shall cooperate with the Registrar in the enforcement of religious organisations operating only in their counties.
The executive committee member shall carry out inspections of religious organisations operating only in their specific counties and supervise elections of members of the management structure of religious organisations.
The new Bill comes in the wake of a tough proposed law by the presidential task force that reviewed the legal and regulatory framework governing religious organisations in Kenya.
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