The government has distanced itself from the Religious Organisation Bill 2024, which provides a regulatory framework for registration and punitive measures for rogue individuals abusing various platforms and misleading congregations toward extremism.
According to Attorney General Dorcas Oduor Oduor, the proposed legislation, as a privately sponsored Bill, reflects Senator Dunstan Mungatana's independent views and legislative agenda.
“It is hereby clarified that the Religious Organizations Bill, 2024, is a privately sponsored Bill brought forth by Senator Danston Mungatana, in accordance with Part XXI of the Senate Standing Orders,…. and as such, the government is not the sponsor nor driver of the proposed legislation,” Oduor said.
The Bill seeks to introduce taxes on income, gifts, or profits the church generates.
Similarly, it proposes that revenues would only be exempt from taxation if they are entirely allocated to charitable causes.
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The Mungatana Bill proposes a fine of Kes 5 million, three years in jail, or both for any religious leader who operates an unregistered organization.
The National Council of Churches of Kenya (NCCK), the Anglican Church of Kenya (ACK), and the Evangelical Alliance of Kenya (EAK) have separately called for the withdrawal of the Bill to facilitate stakeholder consultation by clergy members.
The Bill originates from recommendations in the Senate Select Committee report, which was formed in the wake of the Shakahola tragedy, which exposed gaps in regulating religious extremism.
According to EAK Chairperson Bishop Philip Kitoto, the religious sector has been infiltrated by unscrupulous entities and individuals advancing extremist teachings.
“Bill duplicates existing regulations particularly coming after the finalisation of the work of the Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations in Kenya which equally outlined stringent measures on the regulation of religious organisations and their activities in the country,” Bishop Kitoto said.
Anglican Archbishop Jackson Ole Sapit said the Bill lacked public participation and should be withdrawn.
“The mission of the church is spelt out by respective religious organisations’ constitutions and any attempts to enact a law that interferes with the operations of the church is unacceptable,” said Sapit.
