Controversial pastor Paul Makenzi has reignited the debate on whether the government should supervise or regulate churches
In 2015, the government came up with laws requiring clerics to submit certificates of good conduct and their theological training certificates. They were dubbed Religious Societies Regulations 2015.
The then Attorney General Githu Muigai said the State's decision to step in was stirred by the sagas that had befallen the houses of God.
"The proposed laws are meant to address public outcry over several con churches that deceive their congregation with fake miracles while minting millions of shillings through "panda mbegu" (plant a seed) gospel. The decision was necessitated by several reports indicting officials of several religious institutions and societies of orchestrating certain unconscionable activities that left their congregants at a disadvantage," Prof Muigai said.
The Religious Societies Rules published by the AG's Office required all religious organisations to submit their constitutions showing statement of their doctrine of faith. The rules affected imams, pastors, rabbis and other religious leaders.
They dictated that any society in Kenya must have its constitution with programmes, ministries, charitable activities and education activities undertaken by the religious society and details of persons coordinating these activities.
According to the rules, all religious societies ought to be registered and open to the registrar's inspection at any time. All religious leaders must make a declaration of familial relations with other religious leaders and officers.
In this case, officers include secretary, treasurer, trustees and committee members.
They also required that all pastors must hold a theological certificate from an accredited theological institution. The rules were aimed at regulating religious bodies. The aim was to weed out those who wanted to commercialise churches and stop mosques from being used as breeding grounds for terrorists.
"Recent media reports on alleged illicit activities by certain religious institutions have necessitated us to take remedial action," said the AG.
Aware that the Constitution provides for the freedom of worship, Prof Muigai said the government was only seeking to hold religious leaders accountable to their flock.
The regulations also demand that any individual church be a member of an umbrella body and each body must have 2,500 churches registered as an Umbrella Religious Society.
They also required that any religious organisation submits a letter of authorisation from the headquarters and a copy of a duly notarised registration certificate of the headquarters, specify the physical address from which it intended to operate.
This included details about the land reference number or plot number, building, floor and the street or road on which the religious society will be situated.
They stated that at least a third of a religious organisation's officers must be Kenyan citizens.
An organisation with foreign religious leaders and officers was required to submit certified copies of a work permit, an alien identification card, passport and a letter of recommendation from the relevant embassy.
According to the regulations, those who breached the regulations were liable, on conviction, to a fine not exceeding Sh20,000 and each officer was liable to imprisonment for a term not exceeding three years, or both.
"A religious society shall display, in a conspicuous place at the location of its operations, the certificate of registration issued under these rules," the rules read in part.
