Team wants all religious bodies vetted, file returns

All religious institutions including churches, sects and denominations will have to register afresh under a strict vetting regimen if recommendations of a taskforce are implemented.

The Reverend Mutava Musyimi-led taskforce on the review of legal and regulatory framework governing religious organisations has recommended a one-year grace period for all religious organisations to align themselves with a proposed new order entailing new laws and regulations for the sector.

The soft language deployed by the team, composed largely of religious men, is that “all religious institutions shall update their particulars” under the proposed law, but given the elaborate requirements of the proposed law, the requirement is as good as a fresh registration.

The taskforce has presented to President William Ruto a draft Religious Organisations Bill, 2024 which if endorsed by Parliament, will alter the terrain for religious practice.

“A religious institution which was registered or exempted from registration under the Societies Act or any other written law and existing immediately before the commencement of this Act shall update particulars under this Act within one year after the commencement of this Act,” the draft Bill reads.

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Section 70(2) of the draft law presupposes that religious institutions which do not register within a year will be deemed unlawful religious institutions by the operation of the law. An existing religious institution that does not apply for registration within the one year shall equally not be recognised.

All the registrations and updating of particulars will be handled by the proposed Religious Affairs Commission (RAC). This commission will “consider and verify the authenticity of every application” and collaborate with “relevant government agencies” to vet applications.

It has the power to reject an application for among other reasons, if the applying institution is closely connected with a political organisation, where the commission is apprehensive that the organisation will be used for unlawful purposes or where its registration will threaten national security.

Registration may also be refused for non-compliance with regulations, repugnancy to written laws, or where applicants have given false information. The refusal will however be communicated within 28 days and applicants are accorded the right to appeal.

The commission will also have powers to cancel a registration where it finds that it was obtained through misrepresentation or nondisclosure of material facts, where the religious institution fails to file returns for three consecutive years or where the institution defies Commission lawful directives.

“Every religious institution shall develop a constitution and submit it to the commission together with its application for registration,” the draft law says. 

The draft law says religious institutions shall not be allowed to register with offensive, vague, deceptive and confusing names. Unacceptable names include those that imply government affiliation or endorsement without proper authorisation, those with vulgar connotations, or ones which promote illegal substances or activities.

Names will also be rejected if “the Registrar believes on reasonable grounds that there is a reasonable possibility that they could offend members of a particular community, ethnic or racial group.”

Applicants will be required to submit among other things, a police clearance certificate from each office bearer of the organisation, a tax compliance or exemption certificate from Kenya Revenue Authority for each office bearer, and recommendations from a registered umbrella religious organisation.