So called miracle preachers face heavy penalties of upto Sh5 million and lengthy jail terms of upto 10 years if a new Bill is enacted.
The draft Religious Organizations Bill 2024 proposes fines of upto Sh5 million or jail terms of upto 10 years for preachers who dupe their followers into surrendering their properties, known as kupanda mbegu (planting the seed) in exchange for healing or financial breakthrough.
The Bill seeks to protect and promote the freedom of religion and belief and the freedom of association.
It also seeks to provide a legal and institutional framework to facilitate the operations of religious institutions in Kenya and establish mechanisms for dispute resolution and for combating the abuse of the freedom of religion and belief.
Fraudulent representations
The bill states that a religious leader who by means of any false and fraudulent representations, tricks or schemes as to healing, miracles, blessings or prayers, extorts or fraudulently obtains any financial gain or material benefit from any person or induces the person to deliver money or property to the religious leader commits an offence.
If convicted, such the miracle preacher shall be liable to a fine of an amount not exceeding Sh5million or to imprisonment for a term not exceeding 10 years or to both.
“Any person who, under the guise of religion, disparages any divergent religious belief of another person and does anything that causes harm to or threatens the safety, health or life of that other person commits an offence. The person is liable on conviction to a fine not exceeding Sh5million or to imprisonment for a term not exceeding 20 years or to both,” reads part of the bill.
The bill is the brainchild of the Taskforce that was mandated to review the legal and regulatory framework governing religious organizations after the Shakahola Forest massacre that left over four 400 people dead.
The team chaired by former Gachoka MP Mutava Musyimi have recommended the introduction of the Religious Organizations Bill to tame rogue pastors and religious conmen and women who dupe their followers through tricks and schemes to enrich themselves.
In the Shakahola case, followers of Pastor Paul Mackenzie were made to starve to death in order to ascend to heavenly glory.
The so called miracle preachers are also known to dupe their followers into surrendering their property in order to receive healing.
Earthly engagements
Others still prohibit their followers from taking their children to hospital or schools, terming them “earthly engagements.”
If the Bill is enacted, there shall be a Religious Affairs Commission whose functions shall be to register religious organizations, organizations and religious associations; umbrella, provide and promote oversight of religious affairs; religious, receive and review the annual returns of religious organizations umbrella religious organizations and religious associations.
The Commission shall also be charged with the responsibility of monitoring the compliance of religious institutions with this Act, develop and implement a policy on religious organizations, advise the Government on religious affairs, develop and publish a code of conduct for religious organizations and undertake research on matters affecting religious institutions.
In addition, the commission shall disseminate the research findings, sensitize the public on religious liberty, religious tolerance, religious extremism and abuse of the freedom of religion and belief and perform any other function conferred on it by any written law.
The commission shall comprise a Chairperson appointed by the President, the Attorney-General, the Principal Secretary National Treasury, the Principal Secretary responsible for matters relating to internal security and one person nominated by the Kenya Conference of Catholic Bishops (KCCB).
The commission shall also have one person nominated by the Evangelical Alliance of Kenya (EAK), one person nominated by the National Council of Churches of Kenya (NCCK), one person nominated by a joint forum of Muslim umbrella religious, one person nominated by the Hindu Council of Kenya and the Registrar of Religious Organizations.
“The Chairperson and every member appointed shall hold office for a period of three years and shall be eligible for re-appointment for a further and final term of three years,” reads part of the draft bill.
The draft bill also stipulates that any association of persons shall not operate as a religious institution unless it has been registered in accordance with the provisions of the Act and that any person who contravenes the provision commits an offence.
According to the draft bill, the Commission may reserve a name pending registration of a religious institution or a change of name by a religious institution and that any religious institution that seeks to reserve a name or change its name shall apply to the Commission for the reservation of the proposed name.
The Commission may however refuse to register a body as a religious institution if the Commission has reasonable cause to believe that the proposed religious institution has among its objects, or is likely to pursue or to be used for, any unlawful purpose.
The Commission may also refuse to register an association if it has reasonable cause to believe it to be a threat to national security or public order, the terms of the constitution of the proposed religious institution are in any respect repugnant to or inconsistent with any written law.
The draft bill also provides that the accounts of a religious institution and the register of its members shall be open to inspection by an office bearer or member of the religious institution at such times as may be specified in its constitution.
“A religious institution which fails to make available to the Commission, at the specified time, any books of account, documents or lists of members when required to make so available, commits an offence. Any person who obstructs the Registrar or any such person authorized by the Commission in the carrying out of an inspection commits an offence and shall on conviction be liable to a fine not exceeding Sh100,000 or to imprisonment for a term not exceeding one year, or to both,” reads part of the Bill.
