Church leaders decry proposed regulations as punitive

A faction of church leaders in Nairobi has opposed the recommendations made by the task force on church regulations, claiming that the report presented to the President did not incorporate their perspectives.

Instead, the clergy wants the government to allow churches to self-regulate and address any misconduct internally.

Under the banner of the Church and Clergy Association of Kenya, these religious leaders, led by Chairman Hudson Ndeda, called for the dismissal of the taskforce's recommendations.

They want a new process initiated, or churches allowed to regulate themselves.

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“We want to be on record that we are rejecting the findings of the report from the taskforce in totality. We have been operating as churches for many years,” Ndeda stated.

This comes two days after some church leaders in Nyeri, under the Kenya National Congress of Pentecostal Churches, showed their discontent and rejected the recommendations, urging the government not to implement them.

Addressing the issue in Nairobi on Wednesday, the leaders emphasized that while isolated cases of misconduct by clergy have occurred, these should not be used to condemn the entire church community.

“There is a sense of selectiveness in the law. In the past, we have seen rogue doctors, lawyers, and teachers dealt with individually, without the government intervening to regulate them,” Ndeda argued.

“We haven't seen the government step in to regulate them like what they are doing with the clergy.”

Ndeda expressed disapproval of the government's approach to regulating the church, particularly in the wake of the Shakahola tragedy, but insisted that this should not lead to unjust blanket measures.

“We may have some problematic elements among church leaders, but that should not be a direct ticket to selective justice, condemning the entire body of Christ,” Ndeda added.

He also criticized the proposed regulations as being punitive, arguing that they adversely affect both the church's congregation and its ministry.

“We servants of God have been sent to guide those who have lost their way. To suggest that this is illegal or amounts to radicalization is out of context. The report indicates a penalty of Sh1 million,” Ndeda noted.

Rev. Habakkuk Wamudoda, Secretary General of the association, reinforced the idea that churches already have self-regulating rules that govern the conduct of their leaders and members.

“The church is already regulated; there are sufficient laws governing places of worship. During registration, the church is vetted before being allowed to operate,” Wamudoda explained.

He further warned that if the new regulations were implemented, places of worship could be subjected to ridicule and misuse.

“We find this approach open to abuse by those opposed to religion. The report lacks adequate protection,” Wamudoda added.

The 17-man task force was established by President Ruto in May 2023, tasked with reviewing the legal and regulatory framework governing religious organizations in the country.

Dr Mutava Musyimi, (former NCCK Secretary-General) has recommended that all religious institutions in Kenya undergo fresh registration as part of a rigorous vetting process.

Additionally, they proposed revising the education curriculum to include instruction on recognizing and countering sects, religious extremism, violent extremism, and cultism.

They also suggested monitoring religious education teachers to mitigate negative impacts on students.

This initiative followed the Shakahola tragedy, in which many Kenyans lost their lives due to religious extremism.

The task force has also developed the Draft Religious Organizations Policy, 2024, the Draft Religious Organizations Bill, 2024, and the Draft Regulation of Organizations (General) Regulations, 2024.

Immediately, the Kenya Conference of Catholic Bishops (KCCB) raised a red flag criticizing the government’s formation of the taskforce, with KCCB Chairperson Martin Kivuva expressing concern over the public portrayal of religion as inherently wicked.