Individuals who force children to convert to a religion through misrepresentation, undue influence or coercion will pay a fine not exceeding Sh10 million or be jailed for up to five years or both, if a new bill becomes law.

The Religious Organisations Bill 2024 also seeks to protect individuals from being recruited into church organisations unwillingly, and prohibits a person from recruiting or converting a child from one religion to another without the consent of a parent or guardian.

Using religion to violate the rights of children, offer religious teachings to a child without the consent of their parent or guardian, practising or preaching a religious doctrine that seeks to hurt, harm or destroy any person would also be illegal.

Religious doctrine

So will indoctrinating a person with a religious doctrine, using religion to exploit another person financially, promoting religious intolerance or promoting anarchy or lawlessness.

The bill, sponsored by Tana River Senator Danson Mungatana, underwent its first reading yesterdays in the It says: “A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both.”

Kenya, Mungatana said, has had little regulation around religious organisations and this has allowed extremist and predatory religious groups to flourish.

The regulatory regime, he added, is fragmented across various statutes and there is no approval or enforcement agency to ensure that religious groups operate within the law.

He said: “The current framework neither promotes transparency and accountability in management of funds nor provides for self-regulation.“

Oitward manifestation

And added: “While the freedom of religion and belief is guaranteed under the Constitution, the outward manifestation of the belief is subject to legitimate guidelines that seek to promote a just and safe society that respects the right to life, human dignity, security of the person, freedom from servitude, privacy, and freedom of association and expression.

“There is therefore a need to enact a single all-inclusive [piece of] legislation [and] a strong enforcement agency vested with sufficient resources to monitor the registration of religious organisations, their activities and their returns.”

The bill, a product of a Senate ad hoc committee, was developed following investigations into the deaths of 448 people in Shakahola, Kilifi County, linked to religious extremists.

The dead were believed to be followers of cult leader Paul Mackenzie, who is facing multiple charges, including terrorism, murder and manslaughter, in Mombasa and Malindi courts.

Mackenzie, his wife and other suspects are being held at Shimo la Tewa Prison in Mombasa in connection with the deaths, many of which resulted from self-inflicted starvation.

The bill would impose a Sh5 million fine, imprisonment of three years or both on a religious leader who operates an unregistered religious group. It also outlines conditions for registering religious institutions.

Regarding existing religious organisations, the bill would give them two years to comply with the requirements once the bill becomes law.

The bill would also require a religious leader to hold a degree, diploma or certificate in theology, but the provision will take effect six years after the Act takes effect.

On registering religious organisations, an entity is eligible if it is supported by at least 25 people who profess the same faith; its application is endorsed by an umbrella religious group; has a constitution detailing its doctrine; and has a management structure consisting of a board of trustees, at least two thirds of whom are Kenyan citizens.

A group’s application must also explain why it was created; show its affiliations or partnerships in and outside Kenya, if any; provide an physical address of its principal place of operation and those of its branches, if any.

The bill would also establish an office of the registrar of religious organisations, to be headed by a registrar and a deputy.

The registrar will have the powers to suspend or revoke certificates of registration, and maintain a register of all registered religious organisations and their umbrella groups.

Regarding enforcement, the bill provides that a county executive committee member would cooperate with the registrar to regulate religious organisations operating in that county.

The executive committee member would inspect religious groups and supervise elections of members of their management structures.