Tana River Senator Danson Mungatana officially withdrew the contentious Religious Organizations Bill, 2024, on Wednesday, November 27, following consultations with clergy from the Pentecostals and Evangelicals Association.
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Key Developments Leading to the Withdrawal
- Stakeholder Engagement:
- Senator Mungatana met with clergy members to address concerns surrounding the Bill.
- The discussions resulted in a joint agreement to form a task force that will develop a comprehensive self-regulation framework for religious organizations.
- Religious leaders also agreed to withdraw civil court cases challenging the Bill.
- Senator’s Statement:
- Mungatana emphasized the importance of inclusivity, stating, “We need to involve all necessary stakeholders and develop a regulation law that benefits everyone.”
- He formally requested the Senate Speaker to withdraw the Bill, allowing time for more collaborative input.
Key Provisions of the Withdrawn Bill
- Registrar for Religious Organizations:
Proposed creation of an office to oversee the registration and regulation of religious organizations and leaders. - Fines and Sentences:
- Ksh5 million fine or a three-year prison sentence for non-compliance with registration requirements.
- Ksh1 million fine or two-year imprisonment for failing to separate funds from offerings/tithes and other economic activities.
- Eligibility for Registration:
- A minimum of 25 adherents of the same faith.
- Certified theology education for leaders.
- Submission of a doctrinal constitution.
- Financial Accountability:
- Churches required to file tax returns, present audited accounts, and obtain clearance certificates to maintain tax-exempt status.
Backdrop of the Controversy
- The Bill, proposed in September 2024, was partly motivated by the Shakahola massacre, where extremist religious practices led to mass deaths, prompting calls for stricter regulation of religious entities.
- Religious leaders criticized the Bill as overly intrusive and potentially harmful to the freedom of worship.
Next Steps
- A task force comprising religious leaders and other stakeholders will work towards creating a self-regulatory framework.
- Future legislation will incorporate broader stakeholder involvement to ensure fair and effective regulation.
Ongoing Debate
The withdrawal reignited discussions about the tax-exempt status of religious organizations in Kenya, a topic that has been contentious for years, with many advocating for stricter financial oversight.
