By Arnold Neliba
NAIROBI, JUNE 9, 2023 (CISA)-The National Council of Churches of Kenya (NCCK) has cautioned against further legislation to govern religious organisations and called for enforcement of existing laws by drawing clear distinctions between criminal acts and exercise of religion.
In their June 9 memorandum to the Senate Ad Hoc committee to investigate the proliferation of religious organisations and the circumstances leading to the deaths of people in Shakahola in Kilifi County, NCCK has underscored that there is “no need for new legislation to govern religious organisations.”
“Any such power to curtail religious freedom will certainly be abused by political actors in attempt to muzzle their political opponents, reducing religion to a mere political tool,” reads in part the memorandum signed by NCCK Chairman Archbishop Timothy Ndambuki and Secretary General, Rev Canon Chris Kinyanjui.
Following their assessment, NCCK in their presentation have noted that the Societies Act coupled by the self-regulation mechanisms are sufficient to regulate the conduct of religious organisations.
“The regulations to guide the self-regulation of religious bodies should however be developed by the religious bodies themselves. This will ensure that the regulations are by nature descriptive, not prescriptive,” reads the memorandum signed at Jumuia Place on behalf of Member Church organisations of NCCK.
In their presentation, the NCCK has however faulted the criminal justice system for failure to deliver its mandate to prevent extreme indoctrination through enforcement of the law citing the Societies Act, the Companies Act, the Prevention of Terrorism Act and the Penal Code.
“The reports that Paul Mackenzie was severally arrested, charged in court then released to continue with the radicalization of worshippers speaks not to lack of regulation, but failure to enforce the already existing laws,” states on the Pastor of Good News International Church in custody following indoctrination that led to death of over 260 people.
NCCK, the oldest and largest Christian Churches umbrella body in Kenya has however cautioned against actions that risk the limitation of the fundamental freedom of conscience, religion, thought, belief and opinion.
Historically, there have been attempts to review the societies act, first attempt in 2015 when the Kenya Law Reform Commission reviewed the Societies Act and recommended its revamping. The Associations (Registration and Incorporation) Bill 2015 drafted thereafter was rejected due to lack of public participation.
In 2018, the Attorney General published the Associations Bill which was rejected by the people on grounds that its provisions infringed on their freedom of religion.
