Attorney General circular is retrogressive, says clergy

Eldoret, Kenya: Religious leaders have expressed their dissatisfaction with a circular issued by the Attorney General to 'tame' religious organisations.

Under the umbrella body, Eldoret Gospel Ministers Fellowship (EGMF), with over 300 church leaders ministering to an estimated three million people, the leaders said the regulations were retrogressive.

The regulations by the Registrar of Societies, which the AG has directed religious organisations to comply with, indicate that all religious organisations that do not file their annual returns will be deregistered.

Clergymen are also required to obtain certificates of good conduct from the Government before they can begin practising.

"In view of Article 32 of our Constitution, every citizen is guaranteed the right of worship. This is the basis on which the Church is laid according to Kenyan law. The Societies Act is not direct on whether the Church is a society and its provisions should, therefore, not fully apply to it," said EGMF Chairman Julius Atsango.

Speaking to the Press at the Integrated Vision Centre in Eldoret, Bishop Atsango said the AG's provision appeared to override the law because the Constitution did not stand for what was required in the circular.

"The provisions of the law nevertheless cannot be carried in an omnibus manner putting all churches as one. If circumstances that led to formation of these laws are due to the misconduct of a given organisation, then it ought to be probed and punished individually," he said.

The leaders reiterated that the Church, though categorised as a society, cannot fully adhere to the stipulated rules because church activities stem from a spiritual perspective.

The bishop said the new law was discriminatory, would gag religious freedom and was an overreaction "far beyond the legal mandate" due to mishaps by particular organisations.

NEW REQUIREMENTS

The circular, signed by Deputy Registrar of Societies Joseph Onyango, also says institutions considered dormant shall cease to operate within Kenya and that foreign pastors will need work permits from the Department of Immigration and recommendation letters from their diplomatic establishments.

The circular, dated December 18 and carrying a 60-day compliance period, also requires religious organisations to provide the Government with their leaders' identity details such as national ID cards, Personal Identification Numbers, tax compliance certificates and the physical addresses of the organisations.

The proposed regulations will affect Christian, Islamic and Hindu institutions.