Constitutional lawyer Willis Otieno has opposed the latest attempt by the government to regulate religion and other places of worship, arguing that such moves are unconstitutional and amount to collective punishment.

Taking to his X handle on Sunday, December 15, 2025, Otieno remarked that the sins of one individual or a section of religious leaders should not be used to punish the entire religious space.

Otieno said the only constitutionally sound path is firm and unapologetic self-regulation by religious institutions, warning that increased State involvement in church affairs would violate fundamental freedoms guaranteed under the Constitution.

“We must agitate for self-regulation of religious institutions, firmly and unapologetically, as the only constitutionally sound path,” he stated.

The lawyer emphasised that freedom of religion is not a privilege granted by the State but a right guaranteed under Article 32 of the Constitution.

According to Otieno, this freedom includes protection from State interference, supervision or control over belief, doctrine, worship and internal governance of religious institutions.

He further cited Article 8 of the Constitution, which provides that Kenya shall have no State religion, noting that the provision must be read together with Article 32.

Otieno argued that regulating churches through State machinery undermines the principle of separation between religion and government.

Otieno cites constitutional violation

“The State’s failure to discipline individuals who have abused the pulpit cannot be cured by punishing the entire religious space.

“Collective punishment is not a regulation. It is authoritarian convenience,” he said.

Otieno clarified that freedom of religion does not mean the capture of the State by religious institutions, just as the separation of State and religion does not amount to persecution of the Church.

Instead, he said, the Constitution envisages mutual independence, with each respecting the boundaries of the other.

He outlined areas where the State has no mandate, including determining doctrine, approving theology, appointing clergy or policing belief.

At the same time, Otieno noted that churches have no constitutional authority to exercise State power, replace law with prophecy, convert public policy into religious decree or shield criminality under the cover of faith.

Where issues of public money, public safety, fraud, abuse or exploitation arise, Otieno said the law must apply equally to all.

His remarks come in response to a press briefing in Nakuru by clergy from the Ministry of Repentance and Holiness.

The clergymen opposed the proposed State regulation of churches, warning that such measures would violate Article 32 of the Constitution.