A presidential task force has made drastic proposals which could slam the doors on briefcase churches, doomsday cults and false prophets.
The Rev Mutava Musyimi-chaired team on legal and regulatory framework governing religious organisations wants the State to undertake a “radical surgery” on religions to tame runaway impunity.
Established in the wake of the Shakahola massacre in Kilifi where hundreds of Paul Makenzi’s followers fasted to death, the task force concluded that the time had come to balance the scales between individual freedoms and public good.
The team, composed of eminent clerics and scholars, worked in the background, avoiding the din of the public space to come up with proposals, which will alter the manner in which churches are registered and ran.
“There is a need to undertake policy, legal, institutional and administrative reforms to ensure that the exercise of the freedoms of religion and association is not used in a manner that is detrimental to individual health and safety, the public interest and national values,” says the report.
The task force was shocked to find that there was no policy framework for the religious sector, and that rogue formations had been having a field day capturing weak hearts and turning them into mental slaves.
The existing legal framework, the team found out, does not adequately address religious extremism, sects, cults and other similar outfits that engage in practices detrimental to individual health and safety, public interest and national values.
They have recommended formulation of a policy framework for the religious sector, including a distinct statute which clearly assigns a legal personality to the organisations, lays down registration requirements and provides for offences “committed under the pretext of religion”.
“The existing regulatory framework, primarily governed by the Societies Act, is inadequate and does not address the unique character of the religious sector,” says the report handed to President William Ruto.
Among the drastic proposals the task force recommends is the establishment of standards and minimum certification requirements for religious organisations and leaders. This would include setting minimum educational thresholds for religious leaders, some who claim divine ordainment.
These standards will be overseen by a new institution, the Religious Affairs Commission, and umbrella bodies consisting of 20 registered religious organisations and present in 24 counties.
Their mandate will entail the facilitation of intra-faith and interfaith dialogue, coordination of resource sharing and promotion of ethical and moral standards.
The umbrella organisations will also undertake education and training, conflict resolution, development of a code of conduct for members, promotion of peer review and accountability of members as well as to recommend minimum qualifications of the religious leaders of its members.
The commission will register religious organisations and their umbrella associations. It will promote oversight of religious affairs by receiving and reviewing the annual returns of the associations.
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The commission will also implement the policy on religious organisations, advise the government on religious affairs, publish a code of conduct, undertake research and sensitize the public on religious liberty and extremism.
It will comprise a chairperson appointed by the President, the Attorney General, Principal Secretaries National Treasury and National Security, one person each nominated by the Evangelical Alliance of Kenya, National Council of Churches of Kenya, Kenya Conference of Catholic Bishops, Muslim umbrella religious organisations and the Hindu Council of Kenya.
Members will hold office for three years and will be eligible for reappointment for two terms only. The chair must hold a degree in theology or equivalent qualification while members should at least hold a bachelor’s degree.
The task force proposes a review of the education curriculum to address religious extremism and cultism, and the amendment of the Kenya Information and Communication Act.