Mungatana Withdraws Religious Organizations Bill After Clergy Talks

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.

Key Developments Leading to the Withdrawal

1. 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.
2. 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Key Provisions of the Withdrawn Bill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.