State trains guns on dubious faith groups to curtail fraud

Government plans to lift a ban on registration of religious institutions imposed following cases of radicalisation

Tough times loom for religious institutions operating with impunity once proposed legislation is finalised.

The proposed law seeks to regulate how churches, mosques and temples operate and enable their registration to prevent them from engaging in illegal activities even as they enjoy freedom of worship.

“Public participation on the proposed Associations Bill 2018 was done last year, but we are still having talks with all stakeholders to ensure that we come up with a proper document,” said the Registrar of Societies Jacob Ikiara.

The proposed law, being drafted by the Attorney General’s office, will see the government lift a ban on registration of religious institutions imposed in 2014 following increased cases of radicalisation and criminal activities that affected faithful.

No records

Mr Ikiara explained that the decision to ban registration is a policy by the Attorney General’s office. “The ban is still in force and if there are religious institutions that started operating after 2014 when it was imposed, they are not recognised,” he added.

Currently, there are 10,000 churches in the country but no records on the number of other religious institutions such as mosques and temples.

Some of the clauses in the proposed Bill were opposed by a section of religious institutions which feel it will give the registrar more powers.

In the public participation forum last year, religious leaders pushed to have their own registrar away from the one who registers clubs, companies, partnerships or associations.

The proposed law gives the registrar powers to issue summons to any person who may assist in the investigation of matters relating to the association, refuse to register or incorporate the association, cancel the registration, initiate liquidation of an association or even proscribe an association as unlawful.

Unlawful

The proposed law seeks to declare associations unlawful if they are not registered, commit an international crime or engage in illegal activities contrary to the law.

If the registrar has reason to believe that an offence has been committed under this Act, he may refer the matter to the Directorate of Criminal Investigations.

But even as the government works towards having an express law that governs operations of religious institutions, a number of them engage in acts that have left people in shock.

The Registrar of Societies continues to receive complaints on leadership wrangles linked to control of resources.

This is because some religious institutions have been commercialised and do not make annual returns to the Registrar of Societies despite having been registered.

Section 26 of the Societies’ Act provides that every registered society shall keep one or more books of account, and shall enter details of moneys received and payments made.

Failure to make annual returns to the registrar attracts a fine not exceeding Sh10,000 or imprisonment for a term not exceeding one year, or both.

Last year, the national chairman of the Alliance of Registered Churches of Kenya Bishop Samuel Welimo said only developed churches can make annual returns, warning that the Bill is likely to interfere with freedom of worship.

Makueni Senator Mutula Kilonzo Junior noted that there are human rights abuses in some religious institutions which have been reported to the police for action.

“The Registrar of Societies must enforce the law and monitor the religious sector in general,” he said.

Lawyer Karori Kipchumba pointed out that there is need for Parliament to come up with a law to regulate operations of religious institutions, adding that this will stop the “men of God” from engaging in human rights abuses when dealing with faithful.

“Some of those people are getting away with murder and other crimes. The registrar needs to regulate them by ensuring that they operate in a manner that God can worship there when the last day comes,” he added.

Kangema MP Muturi Kigano filed a motion in the National Assembly recently to compel the Attorney General to present a Bill in the House to have religious institutions regulated.

The Motion awaiting re-publication scrutiny by the Justice and Legal Affairs Committee is aimed at amending the Societies Act to empower the Registrar of Societies to bring sanity in the sector.

Homa Bay MP Peter Kaluma, a member of the committee, said there is need for the government to enforce the existing laws in order to protect faithful.

“How much law is enough law? We have enough laws to regulate religious bodies and that is why it is important for a religious leader who commits crime to be dealt with based on criminal laws,” he added.