Jail term, hefty fine for pastors with unregistered churches

Tana River Senator Danson Mungatana. [File, Standard]

Clerics who run unregistered religious organisations risk a Sh5 million fine, three years in jail, or both if a new bill seeking to regulate religious organisations is passed by the Senate.

The Religious Organisations Bill 2024 provides for a regulatory framework, tough conditions for registration and harsh punishment for rogue operators of religious organisations after the country was jolted by the Shakahola deaths.

Tana River Senator Danson Mungatana, who was the chairperson of the Senate ad hoc Committee investigating the proliferation of Religious Organisations, is sponsoring the bill which is at the first reading before the Senate.

“A person shall not establish, manage, operate assist in the establishment, management or operation of a religious organisation or an umbrella religious organisation unless the organisation is registered,” the bill states.

The Senate ad-hoc committee developed the bill following an inquiry into the mass deaths in Shakahola, Kilifi County linked to what is believed to be a religious cult.

The Bill comes in the wake of proposed laws by the presidential task force that reviewed the legal and regulatory framework governing religious organisations.

The task force proposed that clerics who use tricks or schemes of alleged healing or miracles to obtain money from their followers face a Sh5 million fine or 10 years in jail.

“The regulatory regime is fragmented across various statutes thereby presenting a challenge because there is lack of an approval and enforcement agency to ensure that religious organisations operate within the law,” the Bill says.

The new Bill establishes the Office of Registrar of Religious Organisations. The Registrar will issue, suspend or revoke certificates of registration.

The office will also be required to regularly inspect the premises and records of registered religious organisations and also maintain a register of all registered organisations and umbrella religious organisations.

For the counties, the Bill provides that the County Executive Committee member shall cooperate with the Registrar in the enforcement of laws on religious organisations.

The County Executive Committee member will also carry out inspection of religious organisations operating in their counties and supervise elections of members of the management structure of religious organisations.

According to the Bill, an entity is eligible to be registered as a religious organisation if the registration is supported by at least 25 natural persons who profess the same faith and must also be endorsed by an umbrella religious organisation, implying that a religious organisation must belong to a religious body.