REPUBLIC OF KENYA

REPORT OF THE PRESIDENTIAL TASKFORCE

ON THE
REVIEW OF THE LEGAL AND REGULATORY FRAMEWORK
GOVERNING RELIGIOUS ORGANISATIONS IN KENYA

CHAIRPERSON
Hon. Rev. Mutava Musyimi, CBS

Presented to:
His Excellency,
Hon. Dr. William Samoei Ruto, PhD, CGH.
President of the Republic of Kenya and Commander-in-Chief of the Defence
Forces.

January 2024
 LETTER OF TRANSMITTAL

His Excellency Hon. William Samoei Ruto, PhD, CGH.

President of the Republic of Kenya and Commander-in-Chief of the
Defence Forces
P.O. Box 40530-00100
STATE HOUSE
NAIROBI

Your Excellency,

RE: TRANSMITTAL OF THE FINAL REPORT OF THE PRESIDENTIAL

TASKFORCE ON THE REVIEW OF THE LEGAL AND REGULATORY
FRAMEWORK GOVERNING RELIGIOUS ORGANISATIONS IN KENYA

In line with your directive, the Presidential Taskforce on the Review of the
Legal and Regulatory Framework Governing Religious Organisations in Kenya
(the Taskforce) was constituted vide Kenya Gazette Notice Numbers 5661 of
5th of May 2023 and 6091 of 11th May 2023.

The core mandate of the Task Force was to, inter alia, identify the legal
institutional and governance challenges/gaps that have allowed or may allow
growth of religious extremist organizations, sects, cults or other similar outfits
and formulate proposals and changes to prevent such entities from
committing or fostering actions that are detrimental to individual health and
safety, the public interest or the national values.

In accordance with its mandate, the Taskforce interpreted the Terms of

Reference (TORs) and identified five key deliverables: a) The final Report with
recommendations; b) Draft Policy; c) Draft Bill; and d) Draft Regulations.
Further, and in line with the best practice, the TORs were grouped into four
working thematic areas namely; a) the Legal, Institutional and Governance
framework (ToR a, b, and c); b) Religious Education and Civic Awareness (ToR
d); c) Reporting Mechanism and Enforcement Actions (ToR e, g and h) and d)
Registration Standards and Minimum Certification Requirements (ToR f)

The recommendations made in this Report are aligned with the aspirations of
the Constitution of Kenya, and do not in any way curtail the Freedoms of
Religion and Association as provided for under Articles 32 and 36 of the
Constitution. If adopted, these recommendations would significantly protect
the freedom of religion, while at the same time curtailing the potential misuse
of religion to cause harm to the Kenyan population.

We now have the great pleasure and honour to submit our Final Report to
Your Excellency. We also wish to thank you for the opportunity to make our
contribution towards addressing the challenges associated with the misuse of
the constitutional right of freedom of religion.

Yours faithfully,

ii
Hon. Rev. Mutava Musyimi
Chairperson,
Task Force on the Review of the Legal and Regulatory
Framework Governing Religious Organisations in Kenya

TASK FORCE MEMBERS

Bishop Mark Kariuki Member ________________________

Bishop (Dr.) Eli Rop Member ________________________

Archbishop Maurice Muhatia Member ________________________

Judy Thongori (Mrs) Member ________________________

Rev (Dr.) Alphonse Kanga Member ________________________

Bishop Philip Kitoto Member ________________________

Faridun Abdalla (Dr.) Member ________________________

Prof. Musili Wambua Member ________________________

Joseph Khalende Wabwire Member ________________________

Mary Awuor Kitegi Member ________________________

Charles Kanjama Member ________________________

Leah Kasera Member ________________________

Nancy Murega Member ________________________

Wilson Wanyanga Member ________________________

Mohammad Dori (Amb.) Member ________________________

Abdisalam Sheikh Mohamed Member ________________________

Sujurtha Kotamraju Member ________________________

Bishop Amos Lewa Member ________________________

JOINT SECRETARIES

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Martin Ndiwa Talian (Dr.) Joint Secretary ________________________

Maria Goretti Nyariki Joint Secretary ________________________

iv
Table of Contents
..................................................................................................................................................... i
LETTER OF TRANSMITTAL ............................................................................................................ ii
ACKNOWLEDGEMENTS ..............................................................................................................viii
LIST OF TABLES.......................................................................................................................... ix
LIST OF CASES ............................................................................................................................ x
LIST OF STATUTES AND OTHER LEGAL INSTRUMENTS ............................................................... xi
ABBREVIATIONS AND ACRONYMS .............................................................................................. xii
DEFINITION OF KEY TERMS ........................................................................................................xv
USE OF KEY TERMS ................................................................................................................... xvi
EXECUTIVE SUMMARY ............................................................................................................ xviii
CHAPTER ONE: GENERAL INTRODUCTION AND OVERVIEW .......................................................... 1
1.1 Introduction ................................................................................................................. 1
1.2 Background.................................................................................................................. 1
1.3 Terms of Reference of the Taskforce ............................................................................... 3
1.4 General Situational Analysis .......................................................................................... 5
1.1.1 Kenya’s Religious Demography .................................................................................. 5
1.1.2 Religious Extremism, Cultism and Occultism and Violent Extremism ........................... 6
1.5 Report Outline .............................................................................................................. 8
1.6 Conclusion ................................................................................................................. 10
CHAPTER TWO: TASKFORCE METHODOLOGY AND ENGAGEMENT APPROACH ........................... 11
2.1 Introduction ............................................................................................................... 11
2.2 Establishment of a Secretariat ..................................................................................... 11
2.3 Interpretation of the TORs ........................................................................................... 11
2.4 Identification of Thematic Areas ................................................................................... 12
2.5 Consultation of Secondary Data Sources ...................................................................... 12
2.6 Public Participation and Stakeholder Engagement......................................................... 12
1.1.3 Public Participation ................................................................................................. 12
1.1.4 Stakeholder Engagement ......................................................................................... 13
2.7 Data Analysis and Report Writing ................................................................................ 14
CHAPTER THREE: ANALYSIS OF THE EXISTING LEGAL FRAMEWORK ......................................... 15
3.1 Introduction ............................................................................................................... 15
3.2 Legal Framework Governing Religious Organisations in Kenya ....................................... 15
1.1.5 International Instruments Applicable to Religion in Kenya ......................................... 15
1.1.6 National Legal Framework ....................................................................................... 17
1.1.7 Gaps in the Existing Legal Framework...................................................................... 30
3.3 Conclusion ................................................................................................................. 33
3.4 Recommendations....................................................................................................... 33
CHAPTER FOUR: GOVERNANCE FRAMEWORK FOR RELIGIOUS ORGANISATIONS ....................... 34
4.1 Introduction ............................................................................................................... 34
4.2 Analysis of existing governance framework ................................................................... 34
4.3 Proposals from the Public on Governance Challenges and gaps ...................................... 36
4.4 Conclusion and Recommendations............................................................................... 38
CHAPTER FIVE: PRIOR LAW REFORM PROPOSALS AND RELEVANT REPORTS ............................. 40
5.1 Introduction ............................................................................................................... 40
5.2 Prior Law Reform Proposals ......................................................................................... 40

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 5.2.1 Draft Societies (Religious Societies) Rules, 2015 “Githu Rules" ................................... 40
.................................................................................................................................... 40
5.2.2 Administrative Guidelines on the Lifting of Moratorium on Registration of New Religious
Societies, 2022 ................................................................................................................... 40
5.3 Prior National Reports Touching on Religion ................................................................. 41
5.4 Regulation and Self-regulation Models from Comparable Sectors in Kenya...................... 44
5.5 Conclusion and Recommendations............................................................................... 47
10.2.2 Conclusion ......................................................................................................... 47
.................................................................................................................................... 48
CHAPTER SIX: ANALYSIS OF COMPARABLE PRACTICES FROM SELECT JURISDICTIONS ............. 49
6.1 Introduction ............................................................................................................... 49
6.2 Jurisdictions Visited by the Taskforce .......................................................................... 49
6.3 Jurisdictions Studied by the Taskforce ......................................................................... 65
6.4 Lessons Relevant to Kenya ....................................................................................... 78
10.2.3 Legal and Regulatory Framework ......................................................................... 78
10.2.4 Minimum Standards and Certification Requirements ............................................ 78
10.2.5 Education and Civic Awareness ........................................................................... 78
10.2.6 Reporting and Enfocement Actions ....................................................................... 79
CHAPTER SEVEN: MINIMUM STANDARDS AND CERTIFICATION REQUIREMENTS ....................... 80
7.1 Introduction ............................................................................................................... 80
7.2 The Existing Framework on Minimum Standards and Certification Requirements ........... 80
7.3 Global and Regional Context........................................................................................ 84
10.2.7 United States of America ..................................................................................... 84
10.2.8 South Africa ......................................................................................................... 86
10.2.9 Rwanda .............................................................................................................. 90
7.4 Proposals by Members of the Public ............................................................................. 94
7.5 Conlusion and Recommendations ................................................................................ 97
CHAPTER EIGHT: EDUCATION AND CIVIC AWARENESS .............................................................. 99
8.1 Introduction ............................................................................................................... 99
8.2 Existing Legal and Policy Framework for Education and Civic Awareness in Kenya ......... 99
8.3 Situational Analysis: Religious Extremism in the Education Sector .............................. 100
8.4 Regional Context....................................................................................................... 101
8.5 Proposals by members of public on Civic Education and Additions to Education Curricula
102
8.6 Conclusion and Recommendations............................................................................. 106
CHAPTER NINE: REPORTING MECHANISMS AND ENFORCEMENT ACTIONS .............................. 108
9.1 Introduction ............................................................................................................. 108
9.2 Global and Regional Context...................................................................................... 109
9.3 Proposals from Members of the Public ........................................................................ 112
CHAPTER TEN: FINAL CONCLUSIONS AND RECOMMENDATIONS .............................................. 117
10.1 Conclusions ............................................................................................................. 117
10.2 Recommendations..................................................................................................... 118
CHAPTER ELEVEN: IMPLEMENTATION MATRIX FOR THE RECOMMENDATIONS OF THE TASKFORCE
................................................................................................................................................ 121
11.1 Introduction ............................................................................................................. 121
11.2 Implementation Matrix .............................................................................................. 121

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APPENDICES............................................................................................................................ 126
REFERENCES .......................................................................................................................... 162

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 ACKNOWLEDGEMENT

The Taskforce wishes to extend its deepest gratitude and profound

appreciation to His Excellency Dr. William Samoei Ruto, the President of the
Republic of Kenya, for his visionary leadership and unwavering support in
commissioning this vital Taskforce. The members of the Taskforce wish to
thank the President for appointing them to undertake the assignment. It has
been an immense honour to have had the opportunity to serve in this
capacity.

We also wish to thank the Chief of Staff and Head of Public Service and all
officers serving under him for their unwavering support. Specifically, we wish
to thank all the County Commissioners and Governors who coordinated all
our county public hearings. Further, we wish to thank the Heads of Mission
in UK, USA, Rwanda and the United Republic of Tanzania for facilitating our
engagement with select institutions for benchmarking visits.

Our sincere appreciation to the various religious leaders, organizations, and

members of the public who actively participated and provided insightful
contributions during the public participation process. Their input was critical
in ensuring a comprehensive and inclusive approach to the compilation of
this Report. Further, we are grateful to the individuals, organisations, and
agencies both local and international, for their support in facilitating our
benchmarking visits.

Lastly, we extend our deepest gratitude to everyone, both individuals and

organizations, who directly or indirectly contributed to the success of the work
of the Taskforce. Your efforts have been vital in the development and
completion of this Report.

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 LIST OF TABLES

Table 1: Summary of Submissions from the Public and Stakeholders ........ 14

Table 2: Working Groups, Issues and Expected Outputs .......................... 141
Table 3: Schedule of County Public Participation ..................................... 143
Table 4: Programme of Activities for The Visiting Delegation of Members of The
Presidential Taskforce on The Review of The Legal and Regulatory Framework
Governing Religious Organisations 25th To 29th September 2023 ........... 145

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 LIST OF CASES

1. Anjem Choudary & Another v Regina [2017] 4 WLR 204

2. Atheists in Kenya & Another v Registrar of Societies & 2 Others [2018]
eKLR Petition 308 of 2016.
3. JWM (alias P) v Board of Management [particulars withheld] High School
& 2 Others (Petition 10 of 2019) [2019] KEHC 10897 (KLR)
(Constitutional and Human Rights) (13 September 2019) (Judgment).
4. Mary Wanjuhi Muigai v Attorney General & Another [2015] eKLR,
Petition Number 237 of 2014.
5. Methodist Church in Kenya v Mohamed Fugicha & 3 Others [2019] eKLR
Petition 16 of 2016.
6. Phillip Okoth and LSK v BOM, St Anne’s Primary Ahero [2023] Court of
Appeal at Kisumu
7. Polycarp Miyogo Nyakora v Attorney General & 2 Others [2017] eKLR
Petition 32 of 2013.
8. Republic v Secretary Board of Management St. Jg Secondary School &
Another; Samia Sub County Parents Association (Interested Party) &
Another [2019] eKLR Judicial Review 1 of 2019.
9. Scoline Anyango Ojung’a v Health Link Matcare Ltd t/a Nairobi Women
Hospital (Cause 1620 of 2018) [2023] KLRC 1607 (KLR).
10. Seventh Day Adventist Church (East Africa) Limited v Minister for
Education, Attorney General, Board of Governors, Alliance High School &
National Gender and Equality Commission (Civil Appeal 172 of 2014)
[2017] KECA 751 (KLR) (3 March 2017) (Judgment) Civil Appeal of 172
of 2014.

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 LIST OF STATUTES AND OTHER LEGAL INSTRUMENTS

1. Advocates Act (Cap 16, Laws of Kenya)

2. Anti-Corruption and Economic Crimes Act (No.3 of 2003)
3. Basic Education Act (No. 14 of 2013)
4. Children Act (No. 29 of 2022)
5. Community Groups Registration Act (No.30 of 2022)
6. Companies Act (No. 17 of 2015)
7. Environmental Management and Coordination Act (No. 8 of 1999)
8. Films and Stage Plays Act (Cap 222, Laws of Kenya)
9. Kadhis’ Courts, (Cap 11, Laws of Kenya)
10. Kenya Information and Communication Act (No.2 of 1998)
11. Kenya School of Law Act (No.26 of 2012)
12. Law Society of Kenya Act (No.21 of 2014)
13. Legal Education Act (No. 27 of 2012)
14. Marriage Act (No. 4 of 2014).
15. National Transport & Safety Authority Act (No.33 of 2012)
16. Non-Governmental Organisations Co-ordination (No. 19 of 1990)
17. Penal Code (Cap 63, Laws of Kenya)
18. Physical and Land Use Planning (No. 13 of 2019)
19. Prevention of Terrorism Act (No.30 of 2012)
20. Proceeds of Crime and Anti-Money Laundering Act(No. 9 of 2009)
21. Public Benefit Organisations Act (No. 18 of 2013)
22. Sexual Offences Act (No.3 of 2006)
23. The Societies Act (Cap 108, Laws of Kenya).
24. The Traffic Act (Cap 403 Laws of Kenya).
25. Transport Licensing Act, Chapter 404, Laws of Kenya,
26. Trustees (Perpetual Succession) Act (Cap 164, Laws of Kenya)
27. Universities Act (No. 42 of 2012)

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 ABBREVIATIONS AND ACRONYMS

ACC Assistant County Commissioner

ACECA Anti-Corruption and Economic Crimes Act (ACECA)

ACHPR African Charter on Human and People’s Rights

CA Communications Authority of Kenya

CAMA Companies and Allied Matters Act

CBC Competency-Based Curriculum

CBO Community-Based Organisation

CC County Commissioner

CCI Charitable Children's Institutions

CEO Chief Executive Officer

CIP Council of Imams and Preachers of Kenya

CLE Council for Legal Education

CLG Company Limited by Guarantee

CRL Cultural Religious and Linguistic Communities

CSIC County Security and Intelligence Committee

CSO Civil Society Organisations

DCC Deputy County Commissioner

DCI Directorate of Criminal Investigations

EAK Evangelical Alliance of Kenya

EMCA Environmental Management and Coordination Act

FBO Faith-Based Organisation

HE His Excellency

ICCPR International Covenant on Civil and Political Rights

ICESCR International Convention on Economic Social and Cultural

Rights

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IRA Insurance Regulatory Authority

KICA Kenya Information and Communication Act

KICD Kenya Institute of Curriculum Development

KLR Kenya Law Reports

KLRC Kenya Law Reform Commission

KNBS Kenya National Bureau of Statistics

KRA Kenya Revenue Authority

KSL Kenya School of Law

LSK Law Society of Kenya

MOA Matatu Owners Association

NCCK National Council of Churches of Kenya

NCTC National Counter Terrorism Centre

NEMA National Environmental Management Authority

NGAO National Government Administration Officers

NGO Non-Governmental Organisation Coordination Board

NGO Non-Governmental Organisation

NIREC Nigerian Inter-Religious Council

NIS National Intelligence Service

NTSA National Transport and Safety Authority

PBO Public Benefit Organisations Act

PIN Personal Identification Number

POCAMLA Proceeds of Crime and Anti-Money Laundering Act

PST Police Security Service

PSV Public Service Vehicles

PWPER Presidential Working Party on Education Reforms

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RC Regional Commissioner

RFC Religious Freedom Commission

RGB Rwanda Governance Board

SA South Africa

SACE South Africa Council of Educators

SUPKEM Supreme Council of Kenya Muslims

TORs Terms of Reference

TSC Teachers Service Commission

UDHR Universal Declaration of Human Rights

UK United Kingdom

USA United States of America

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 DEFINITION OF KEY TERMS

Civic Education: A socially oriented public system of continuous and

systematic provision of information and learning
experiences to citizens for their effective participation in
democratic life. It imparts information and creates
awareness of civic morals and values, rights and
responsibilities and how these may be exercised and
accessed by all citizens within society including
disadvantaged and marginalised groups.

Company: A body corporate registered under the Companies Act. No.

17 of 2015 Laws of Kenya (or under Chapter 486 Laws of
Kenya, now repealed).

Cult: A group of people influenced or brainwashed by a

compelling leader to follow extreme religious beliefs or
practices at any cost to themselves. Such beliefs and
practices often resemble those of established faiths or
groups.

Curriculum: All planned learning programmes that facilitate formal,

non-formal and informal learning that enables the learner
to acquire the desired knowledge, skills, and attitudes.

Deradicalization: The process of making someone less extreme in their

political or religious beliefs; the process of dissociating a
person voluntarily or otherwise, from their extreme views.

Disengagement: The process of moving a person away from an extreme

group’s activities, without necessarily changing their views.

Extremism: Ideas, beliefs or actions that harm the life, health, security
and psychology of a person and the community at large.

Faith-Based

Organisation: Means an entity or group that operates with a religious-

oriented mission, values, or principles.

Interfaith

Organisation: A coalition of members of different religions and faith

groups that have come together for a common purpose.

Radicalization: The process by which an individual or a group comes to

adopt increasingly fundamentalist views in opposition to a
political, social, or religious status quo.

xv
Religious

extremism: The expression of extreme and unjust positions or actions

taken by some adherents of a religion, based on their
understanding of religious teaching or scripture.

Religious

Organisation: An association, conference, congregation, convention,

committee, or other entity that is organised and operated
for a religious purpose.

Religious Institutions: Encompasses both religious organisations and

umbrella bodies.

Sect: A group regarded as deviating from a generally accepted

religious tradition.

Self-regulation: Capacity of individual members or umbrella organisations

to govern their affairs in the attainment of common goals,
enforce compliance, and maintain discipline and order to
control one’s conduct in pursuit of long-term goals. In the
case of organisations, regulating themselves.

Society: Includes any club, company, partnership, or other

association of ten or more persons, whatever its nature or
object, established in Kenya or having its headquarters or
chief place of business in Kenya, and any branch of a
society.

Trust: An equitable obligation, either express or implied, resting

upon a person by reason of a confidence reposed in him, to
apply or deal with the property for the benefit of some other
person, or for the benefit of himself and another or others,
according to such confidence; a holding of property subject
to a duty of employing it or applying its proceeds according
to directions given by the person from whom it was derived.

Umbrella Body: A central, coordinating entity which represents a group of

independent registered religious organisations that have
agreed to work together for a common purpose.

Violent Extremism: The beliefs and actions of people who support or use
violence to achieve ideological, religious, or political goals.

USE OF KEY TERMS

The Constitution The Constitution of Kenya, 2010

xvi
Gazette Notice Gazette Notices No. 5661 of 5th May 2023 and No.
6019 of 11th May 2023

Government Shall, where the context permits, refer to both

national and county governments

The Taskforce The Presidential Taskforce on the Review of the Legal

and Regulatory Framework Governing Religious
Organisations

xvii
 EXECUTIVE SUMMARY

Introduction

This Executive Summary presents the highlights of the findings and

recommendations of the Presidential Taskforce on Review of The Legal and
Regulatory Framework Governing Religious Organisations in Kenya (The
Taskforce). The Taskforce is cognisant of the solemn place of religion in Kenya
as enshrined in the preamble to the Constitution of Kenya 2010 (“the
Constitution”) which acknowledges the supremacy of Almighty God of all
creation and the immense contribution of religious organisations in furthering
the common good. The Taskforce also appreciates and affirms the freedom of
religion and freedom of association as guaranteed by the Constitution under
Articles 32 and 36 respectively, with the State’s sacred duty to protect the
lives and welfare of all persons within Kenya.

The Shakahola Tragedy revealed the presence of radical elements

masquerading as religious entities. This tragedy involved criminal offences
that exploited the sanctity of faith to perpetrate acts of violence, and thereby
challenging the very principles of peace and communal harmony that Kenyan
society holds dear. The acts lacked any genuine spiritual basis, and have
compelled a national introspection on the safeguards against the exploitation
of religious freedoms.

Religion plays a key role in the promotion of peace, the well-being of the
individual person, the strengthening of the family and positive social change
for better governance. In addition, the Taskforce recognizes the extensive
network of religious institutions across the nation that have been
instrumental in providing education, healthcare, and social services,
especially in underserved communities.

Religious organisations have not only been pillars of spiritual guidance but
have also been vital in the socio-economic development of the Country, often
filling gaps where governmental support may be limited. Their efforts in
humanitarian assistance, community building, and national development

xviii
initiatives have been significant, underscoring the positive force of religion in
fostering unity and growth within Kenyan society.

The Shakahola Tragedy has brought to the fore the existence of religious
extremist organizations, sects, cults, and similar outfits in Kenya, thereby
prompting the establishment of this Taskforce. The President, through Kenya
Gazette Notices No. 5661 and 6091, dated 5 th and 11th May 2023, respectively,
has set the stage for a comprehensive review of the legal and regulatory
frameworks governing religious organisations. The mandate of the Taskforce
was stipulated in its Terms of Reference (TORs). Through this initiative, the
Taskforce seeks to reinforce the foundations of religious freedom while
ensuring that it is not misappropriated to undermine the security and
harmony that Kenyans cherish.

Methodology and Approach

To fulfil its mandate, the Taskforce implemented a multifaceted approach

underpinned by a structured interpretation of the Terms of Reference (TORs).
This involved a meticulous deconstruction of the TORs into manageable
thematic areas for more focused investigations. An extensive literature review
was conducted to establish a solid academic and theoretical foundation for
the Taskforce’s work.

Upon interpretation of the TORs, the Taskforce concluded that there will be
four deliverables: 1) The Taskforce Report with clear recommendations; 2) the
draft Policy; 3) the draft Bill; and 4) the draft Regulations.

The Taskforce then initiated a widespread call for memoranda, inviting written
submissions from a diverse array of stakeholders, which yielded a substantial
compendium of perspectives on the current state of religious organisations in
Kenya. This was complemented by systematic county-level stakeholder
engagements and public forums, designed to garner grassroots-level insights
and ensure inclusivity. Additionally, national-level consultations brought
together key stakeholders from various sectors, fostering a dialogue that
transcended regional and sectarian lines.

xix
Expert engagement sessions allowed the Taskforce to draw upon specialized
knowledge in the relevant areas. These interactions provided depth to the
Taskforce’s understanding of the complex interplay between religious practice
and societal norms.

Further enriching this process was the benchmarking exercise with selected
jurisdictions. This component of the methodology involved an analysis of best
practices from countries with similar socio-religious landscapes (secular
states), ensuring that the recommendations could be contextualized
effectively within the Kenyan framework. This holistic approach was
instrumental in formulating findings that are both evidence-based and
attuned to the unique contours of Kenya’s religious and social fabric.

Through these rigorous methodologies, the Taskforce was able to ensure that
its recommendations were rooted in a comprehensive analysis of the
multifaceted issues at hand, reflecting a broad spectrum of societal needs and
concerns.

Findings

In fulfilling its mandate as defined by the TORs, the Taskforce recognises the
significant and multifaceted contributions of religion and religious
organisations to society. These relate to the realisation and promotion of
peace, stability, and governance as well as the complimentary role in the
realisation of socio-economic rights, and the common good of the people of
Kenya.

However, the Taskforce identified several predisposing factors contributing to

the emergence of cultism, extremism, and radicalisation within religious
practices. Among these factors are high poverty levels; unemployment;
prohibitive costs of healthcare driving a search for alternative solutions; lack
of civic education, mentorship and good role models; the erosion of national
values and principles that foster patriotism; fragmentation within law
enforcement agencies, and the persistence of repugnant beliefs and cultural
practices; the adverse impacts of both mainstream and social media, along

xx
with a perceived global assault on traditional family values, and the
institution of marriage.

The Taskforce made the following findings relating to key legal, institutional
and governance challenges and gaps in the existing legal and regulatory
frameworks governing religious organisations:
1. Absence of a comprehensive policy framework and distinct legislation
for religious organisations.
2. Lack of a distinct legal framework tailored to the unique needs of
religious organisations.
3. Inadequate statutory clarity on the nature of crimes committed under
the guise or the pretext of religion.
4. Insufficient regulation of religious media content.
5. Inadequate devolved registration and regulatory services for religious
organisations.
6. Non-existence of a specialised dispute resolution mechanism dedicated
to addressing conflict within religious organisations.
7. Inadequate civic education and awareness programmes, with
insufficient provisions for rehabilitation and reintegration of persons
affected by religious extremism.
8. Lack of a comprehensive multi-sectoral reporting and enforcement
mechanism to address issues of religious extremism and radicalization.
9. Absence of uniform standards for the registration and formal
recognition of religious organisations.
10. Deficit in established minimum standards of education, training, and
certification for religious leaders.

Recommendations
The recommendations and proposals by the Taskforce to the identified
challenges and gaps in the policy and legal frameworks correspond to the
mandate conferred by the TORs. The recommendations are geared towards
the safeguarding of the exercise of the fundamental freedoms of religion and
association while balancing the enjoyment of these freedoms with the

xxi
preservation of public interest, safety welfare and good as protected by the
Constitution.

The recommendations are a culmination of the analysis of the challenges and

gaps in the policy and legal frameworks, relevant research, and careful
consideration of feedback from the members of the public. The
recommendations by the Taskforce are as follows:

1. Formulating and adopting a sound policy framework on the

operations of religious organisations.
2. The enactment of a specific statute for religious organisations to
provide clarity on appropriate legal personality, registration
requirements, and clarity on crimes/offences committed under the
guise/pretext of religion.
3. The establishment of a Religious Affairs Commission under the new
statutory framework to provide oversight over religious organisations
in Kenya.
4. Establishment of umbrella religious organisations for purposes of
facilitating self-regulation.
5. Implementation of self-regulation of religious organisations through
recognition and strengthening of umbrella bodies.
6. Adoption of a hybrid model of regulation of religious organisations
comprising self-regulation and Government oversight within the
context of the Constitution and the law.
7. Amendment of the Kenya Information and Communication Act (KICA),
and any other statute to strengthen a framework for regulating
religious content in media within the context of the Constitution.
8. Development and review of the basic education curriculum to address
the importance of religious tolerance and to inform and caution the
Kenyan public against religious extremism.
9. Development and review of material for civic education that addresses
the rights and responsibilities of religious organisations and citizens,
and highlights the dangers of religious extremism.

xxii
 10. Set educational prerequisites and standards for religious leaders to
cover competence and conduct which should be determined by
registered umbrella bodies.
11. Formulation, implementation and strengthening of multi-sectoral
collaborative reporting mechanisms comprising, among others,
existing government security infrastructure, interfaith organisations,
and educational institutions among others.
12. Monitoring, evaluation, and reporting to ensure proper
implementation of the policy framework.
13. Formation of a Committee to oversee the implementation the
recommendations in this Report.

Comprehensive details on the rationale for the above recommendations are

fully stated in the text of the Report.

xxiii
 CHAPTER ONE: GENERAL INTRODUCTION AND OVERVIEW

1.1 Introduction

This is the Report of the Taskforce appointed by the President of the Republic
of Kenya, His Excellency (HE), Dr. William Samoei Ruto vide Gazette Notice
Numbers 5661 and 6091 dated 5th and 12th May 2023 respectively.

This chapter presents the background, Terms of Reference (TOR) of the

Taskforce, general situation analysis and the report outline.

1.2 Background

Religion encompasses a range of beliefs and practices that vary greatly across
different cultures, regions, and historical periods. It gives hope and is a source
of optimism for every religious person, helps to keep up cohesion among
people in society and forms the basis of morality.

In Kenya, religion has played a key role in enhancing social order and
providing guidance, comfort and support to the people. Further, faith-based
organisations have also assumed a role in helping to promote community
development through education, healthcare, aspects of disaster response and
general community development initiatives. These initiatives have greatly
shaped society and have greatly augmented the government’s development
agenda. However, instances of abuse of religion have risen in the past with
the most recent being the discovery of mass graves where bodies have been
exhumed in Shakahola forest occasioned by radical religious practices ( “The
Shakahola Tragedy”).

1
Over the last decade, there has been a robust debate in Kenya over the
regulation of its ever-expanding religious space and the need to balance the
exercise of the freedom of religion and association in order to protect the rights
and freedoms of the people. The Shakahola Tragedy brought to the fore the
magnitude of religious extremism. Some of the religious organisations have
targeted and exploited the vulnerable members of society. They offer fake and
harmful practices intended to entice congregants, thus contravening the
constitutional protections afforded to the people.

Previous administrations have been concerned about the religious extremism

in the Country to the extent that in 1994, the second president of the Republic
of Kenya, H.E. President Daniel Toroitich Arap Moi established a commission
of inquiry to investigate the cult of devil worship in Kenya.

On his part, the fourth President of the Republic of Kenya, H.E. Uhuru
Kenyatta, called for the regulation of religious organisations, with the aim of
stamping out rogue religious organisations and leaders. In an attempt to
bring sanity in religious organisations, the Government, in 2014, imposed a
moratorium on the registration of new religious organisations.

The excesses of religious extremism had been exacerbated by the Shakahola

Tragedy, that happened in the first quarter of 2023 where innocent Kenyans
lost their lives, and others suffered harm detrimental to their health and well-
being.

Following this tragedy, the Senate established an Ad-hoc Committee to

investigate the proliferation of religious organisations and circumstances
leading to more than 95 deaths (then) in Shakahola, Kilifi County, whose
Report was laid on the table of the Senate on Thursday, 19th October, 2023. 1

1 The Ad-hoc Committee to Investigate the Proliferation of Religious Organisations in

Circumstances Leading to more than 95 deaths, Kilifi County. The Committee was
constituted on 27th April 2023. The Ad-hoc Senate committee report, inter alia,
highlighted poverty as a contributing factor and called for a deeper investigation into the
financial sources of those involved in the tragedy. The Committee report also
emphasized the need for regulations and requirements to distinguish between legitimate
religious organisations and cults or potentially harmful groups.

2
Since religion is deeply rooted in the Kenyan society, public interest requires
that there must be a healthy balance between the freedom of religion and the
respect for the rule of law, respect for the rights and freedoms of others and
general public safety and interest.

1.3 Terms of Reference of the Taskforce

Gazette Notice No. 5661 by which the Taskforce was established, sets out the
TORs of the Taskforce as follows:

a) Identify the legal, institutional, and governance challenges/gaps that

have allowed or may allow for religious extremist organisations, sects,
cults, and other similar outfits in Kenya to engage in practices
detrimental to individual health and safety, the public interest, or our
national values;
b) Formulate proposals on the legal, institutional, and governance
changes required to prevent religious extremist organisations, sects,
cults, and other similar outfits in Kenya from committing or fostering
actions that are detrimental to individual health and safety, the public
interest, or to national values;
c) Formulate proposals on legal amendments to various laws so as to
enable the concerned law enforcement agencies to more effectively
tackle crimes committed as a result of religious extremist, or cultic and
occultist beliefs and practices;
d) Formulate proposals on civic education and additions to educational
curricula that sensitise Kenyans on identifying, avoiding, or leaving
religious extremist organisations, sects, cults, and other similar outfits;
e) Formulate proposals for a mechanism for the public to report religious
extremist, cultic or occultist beliefs and practices in their local
communities;
f) Formulate proposals on standards and minimum certification
requirements for all religious organisations and their leaders to allow
them to be registered and to operate in Kenya;
g) Formulate proposals on a framework for regulation, annual reporting,
compliance, monitoring, and enforcement action applicable to all
religious organisations; including public declarations of their

3
 governance structures, programmes, ministries, charitable activities,
education activities, commercial ventures and general sources of
finances;
h) Recommend to the competent authorities what actions may be taken
against individuals and groups suspected of founding, leading, or being
part of religious extremist organisations, sects, cults, and other similar
outfits; and
i) Consider, perform, or advise on any other matter or subject ancillary to
the aforementioned

Paragraph 2 of the Gazette Notice gives guidance on the modalities and

procedure of conducting business by the Taskforce. It states that in the
discharge of its functions, the Taskforce shall have power to:

a) Regulate its own procedure;

b) Hold meetings, public forums, or other consultative engagements as it
shall deem necessary; and in such places and at such times as the
Taskforce shall consider necessary for the proper discharge of its
mandate;
c) Review official reports, policy, legislation, or any other document related
to the Taskforce's mandate;
d) Co-opt experts in particular areas of need as may be deemed necessary
by the Taskforce for the execution of its mandate;
e) Create sub-committees for the efficient and expedited discharge of its
mandate; and
f) Perform any other function or tasks as the Taskforce may find
necessary to fully discharge its mandate.

Upon interpretation the TORs, the Taskforce concluded that there will be four
deliverables:

a) The Taskforce Report with clear recommendations;

b) The Draft Policy;
c) The Draft Bill; and
d) The Draft Regulations;

4
1.4 General Situational Analysis

The Societies registry currently holds records of about 100,000 registered

societies that are kept in a manual register. Approximately 40,000 of these
societies are of a religious nature which include churches, mosques, temples
and gurudwaras. Religious organisations may be registered under various
laws, including, the Societies Act, Companies Act, Non-Governmental
Organisations (NGO) Coordination Act among other laws. It should be noted
that there is no mandatory requirement for registration of religious
organisations.

1.1.1 Kenya’s Religious Demography

The total enumerated population of Kenya is 47,564,296, with the total male
population at 23,548,056 (49.5%) and that of females at 24,014,716, making
50.5% of the population. Kenya is a multi-religious society where the majority
(85.5%) of the population are Christians with protestants, catholics, and
evangelical churches accounting for 33.4%, 20.6%, and 20.4% respectively.
On the other hand, Muslims account for 10.91% of the entire population.
About 318,727 Kenyans are traditionalists, while 755,750 were reported as
atheists or having no religion as detailed in Table 1.1. 2

Table 1.1: Kenyan Population by Religious Affiliation

Religious affiliation Number of persons Percentage

Christian 40,379,079 85.52
Islam 5,152,194 10.91
Hindu 60,287 0.13
None 755,750 1.60
Traditionalists 318,727 0.68
Others 547,245 1.16
Total 47,213,282 100.0

Source: Kenya Population & Housing Census (Kenya National Bureau of Statistics, 2020)
KNBS

2 KNBS 2020.

5
1.1.2 Religious Extremism, Cultism and Occultism and Violent Extremism

The Kenyan Constitution states in Article 8 that “there shall be no State

religion” thereby making Kenya a secular state. However, the Preamble to the
Constitution acknowledges the supremacy of God. Article 32 (1) provides that
every person has the right to freedom of conscience, religion, thought, belief,
and opinion. Article 32 (2) provides that every person has the right, either
individually or in community with others, in public or in private, to manifest
any religion or belief through worship, practice, teaching or observance,
including observance of a day of worship.

Article 32(3) provides that a person may not be denied access to any
institution, employment or facility, or the enjoyment of any right, on the basis
of the person’s belief or religion. In addition, Article 32(3) provides that a
person shall not be compelled to act, or engage in any act, that is contrary to
the person’s belief or religion.

A liberal interpretation of the broad wording of Article 32 may provide room

for a wide range of religious practices, with a danger of encouraging religious
extremism, occultism, cultism, and radicalization.

In the global, regional and national arena, there have been many acts of
religious extremism. In 2017, the UK suffered several Islamist terror attacks
in Manchester and London. These attacks not only led to the loss of at least
37 lives, and injuries to many but they also resulted in the destruction of
property. In its effort to counter extremism, the UK Government established
a Commission for Countering Extremism.3

In India, three Catholic churches in Rourkela in the eastern state of Odisha

were attacked during the Easter holidays. The religious leaders in the
Country condemned the attacks. They also stated that approximately 270

3 Queen’s Speech 2017, HM Government, 21 June 2017, available at:

[Link] last visited: 21 June
2017.

6
sectarian incidents including vandalism on churches had been reported in
India the past two years.4

In Nigeria, 15 Christian communities in the Plateau State came under attack

from an armed Muslem group in August 2018. Following the attack 11,500
people fled their homes, and more than 230 people died. This included a
Christian religious leader, his wife and children who were burnt alive in their
church building.5

Kenya has a history of religious extremism which has resulted in the loss of
lives and destruction of property.6 The first major violent event perpetrated
in the name of religion was the 1998 bombing of the United States of America
(USA) Embassy in Nairobi by Al-Qaeda. This was followed by the September
2013 attack on Nairobi’s Westgate shopping mall. Subsequently, in April
2015, there was an attack on Garissa University College which was followed
by another attack at Dusit-D2 hotel in 2019.

From the foregoing it is evident that religious extremism, cultism, occultism,

and related vices is a growing challenge both globally and locally which needs
to be addressed through a concerted effort.

4Vatican News
5Anthony, E.O., Obasi, C.O., Obi, D.O., Ajah, B.O., Okpan, O.S., Onyejegbu, C.D., Obiwulu,
A. C., & Onwuama, E. M. (2021). Exploring the reasons for perennial attacks on churches in
Nigeria through the victims’ perspective. HTS Teologiese Studies/Theological Studies, 77(1),
a6207.

6 Centre for Human Rights and Policy Studies (202). Terrorism Observatory: Kenya Summary
of Attacks Data

7
Religion is a source of collective identity and solidarity which is a crucial tool,
and can easily be used as narrative for effective organization and mobilization
to give meaning to sources of disaffection and grievance, and to give
justification to legitimize extremist acts as a way to imbue a higher or eternal
purpose.7 While religion plays a positive role in the society, religious
extremism has far reaching negative effects on individuals, society, and
democracy. To combat religious extremism, a multi-faceted approach is
necessary to ensure that our communities are safe, peaceful, and free from
the influence of religious extremism.

1.5 Report Outline

To comprehensively address the TORs, the Taskforce organised the Report

into eleven chapters. The TORs were unbundled and substantively addressed
under chapters three, four, seven, eight and nine. The rest of the chapters
are either introductory chapters or those intended to provide content that
would inform the Taskforce’s recommendations in the substantive chapters.

Chapter One: this chapter titled “General Introduction and Overview” provides
an overview of the Taskforce’s mandate and situational analysis on religious
extremism, cultism, occultism, and violent extremism in Kenya. It sets the
stage for the report by outlining the TORs and the intended scope.

Chapter Two: titled “Taskforce Methodology and Engagement Approach”

describes the processes and methodologies adopted by the Taskforce,
including the establishment of a Secretariat, interpretation of TORs,
identification of thematic areas, literature review, stakeholder engagement,
public participation, and report writing.

Chapter Three: titled “Analysis of the Existing Legal Frameworks Governing

Religious Organisations” examines the current legal instruments governing
religious organisations in Kenya, identifies gaps in the legal framework, and

7Peter Mandaville and Melissa Nozell ,Engaging Religion and Religious Actors in Countering
Violent Extremism Special Report t [Link]
[Link] acceesed on
7th November 2023

8
offers recommendations for legal reforms to address issues related to religious
abuse and radicalization.

Chapter Four: titled “Analysis of Institutional and Governance Framework”

analyses the existing institutional and governance structures affecting
religious organisations, detailing public perspectives on challenges, and
proposes reforms to improve registration, regulation, and enforcement.

Chapter Five: titled “Prior Law Reform Proposals and Relevant Reports
Touching on Religion’’ examines previous proposals for law reform and reports
concerning religious practices in Kenya, evaluating their relevance, and
proposing new directions based on past findings and recommendations.

Chapter Six: titled “Analysis of Comparable Practices on Regulatory

Framework for Religious Organisations from Select Jurisdictions” compares
Kenya's regulatory approach to that of other countries and sectors, drawing
lessons and best practices that could inform local reforms and enhance
religious harmony.

Chapter Seven: titled “Standards and Minimum Certification for Religious

Organisations and Leaders” details the existing standards and certification
requirements for religious organisations and leaders in Kenya, compares them
with global practices, and suggests improvements based on public feedback.

Chapter Eight: titled “Education and Civic Awareness” focuses on the role of
education in promoting religious tolerance, addressing religious extremism,
and fostering civic awareness, recommending curricular adjustments to
reflect the needs of a pluralist society.

Chapter Nine: titled “Reporting Mechanisms and Enforcement Actions” and

discusses case studies and best practices for reporting and enforcement
mechanisms related to religious organisations, reflecting on public input to
improve accountability and compliance.

Chapter Ten: titled “Final Conclusions and Recommendations” summarizes

the Taskforce's key findings and makes comprehensive recommendations to
address the challenges and gaps identified in the report.

9
Chapter Eleven: titled “Implementation Matrix for the Taskforce
Recommendations” presents a detailed implementation plan for the
Taskforce’s recommendations, including responsible parties, timelines, and
indicators for tracking progress in reforming religious practices and
governance in Kenya.

1.6 Conclusion

The overarching objectives of the Taskforce as stated in the TORs were to

identify the legal, institutional, and governance challenges/gaps that have
allowed or may allow the formation of religious extremist organisations, sects,
cults, and other similar outfits in Kenya and to formulate proposals on the
legal, institutional, and governance reforms required to prevent the formation
and operation of religious extremist organisations, sects, cults, and other
similar outfits in Kenya. Upon interpretation of the TORs, the Taskforce
identified five key outputs of its work namely: the Taskforce Report; the Draft
Policy; the Draft Bill; and the Draft Regulations.

10
 CHAPTER TWO: TASKFORCE METHODOLOGY AND ENGAGEMENT
APPROACH

2.1 Introduction

The Taskforce, in line with its mandate, adopted various approaches and
strategies including interpretation of TORs, unbundling TORs into thematic
topics, consultation of secondary data sources, public participation and
stakeholder engagement.

2.2 Establishment of a Secretariat

The Taskforce established a Secretariat to carry out the administrative and

logistical aspects of its mandate: The Secretariat located on the 12 th Floor,
Kenyatta International Conference Centre (KICC) comprised the joint
secretaries, the technical team and support staff from the Office of the Chief
of Staff and Head of Public Service and the Office of the Attorney General.

2.3 Interpretation of the TORs

The Taskforce commenced its work by interpreting the TORs, establishing a

framework to operationalise its mandate, and defining the expected outputs.
This began with an induction workshop for Taskforce members on 29 th May
2023.
The key questions/issues to guide the work of the Taskforce were identified
as follows:
1. Defining key terminologies including ‘religious extremist organisations’,
‘sects’, and ‘cults’
2. Providing a historical background and situational analysis to
understand the current landscape and identify the core issues.
3. Reviewing policy, legal, regulatory, and institutional frameworks
governing religious organisations to pinpoint gaps and challenges.
4. Developing strategies to address these gaps and challenges, including
proposals for legislative reform, a code of conduct formulation,
compliance procedures, setting standards for training, education, and
certification, and enhancing public awareness.

11
2.4 Identification of Thematic Areas

The TORs of the Taskforce were unbundled and grouped into four working
thematic areas, namely;
1. Thematic Area I: Legal, Institutional and Governance framework (TOR
a, b, c and g)
2. Thematic Area II: Education and Civic Awareness (TOR d)
3. Thematic Area III: Reporting Mechanism and Enforcement Actions (TOR
e and h)
4. Thematic Area IV: Minimum Standards and Certification Requirements
for Religious Organisations and Leaders (TOR f)

The four thematic areas further aligned TORs with expected output as
described in appendix ten.

2.5 Consultation of Secondary Data Sources

The Taskforce identified and reviewed secondary data sources including

relevant published reports and websites on matters pertinent to its TORs. The
sources consulted included government policy documents, applicable laws,
international conventions, evaluation reports and other stakeholder reports.
Additionally, books, journal articles, and newspaper articles were consulted.
This literature informed the development of a stakeholder engagement plan
and data collection tools tailored to each TOR, including checklists of issues
and anticipated outcomes. It also provided essential insights for the
Taskforce’s study visits and comparative analyses.

2.6 Public Participation and Stakeholder Engagement

1.1.3 Public Participation

Article 10 of the Constitution of Kenya underscores the importance of the

participation of the people in shaping the destiny of their nation. Emphasizing
the centrality of inclusive governance, Article 10 recognizes the significance
of active involvement and engagement of citizens in decision-making
processes. The Taskforce invited members of the public to submit views and
comments through county-based public participation from 13th June to 8th

12
August 2023 at venues and times as per the notice published in the Daily
Nation and The Standard on 3rd and 5th of June 2023 respectively as attached
in Appendix 3.

The views and comments were also submitted via written memoranda through
email address: [Link]@[Link],
social media Twitter handle: @ReligiousOrgTF or hand delivered to the
Taskforce Secretariat located at the Ground floor of the KICC, Business
Centre floor. During the county visits, the Taskforce membership was divided
into three working groups (Teams A, B and C) as illustrated in Appendix 8.
The teams listened to oral submissions, collected hard copy memoranda, and
recorded the proceedings. A full list of submitted hard copy and electronic
memoranda is attached as Appendix 8.
At the public participation meetings, the Taskforce was confronted with real-
life experiences of extremist practices and religious abuses encountered by
members of the public and indeed these contributions greatly enriched the
perspective of the Taskforce.

1.1.4 Stakeholder Engagement

The Taskforce engaged with a wide array of stakeholders ensuring a diverse

range of perspectives. The Taskforce extended its reach to the Kenyan
Diaspora, incorporating their input into the findings and recommendations of
the Report.

The Taskforce identified key stakeholders, individuals and groups for

interviews and engagement. The key stakeholders identified included
members of the public; National and County Government representatives;
Private sector; Civil Society Organisations (CSOs); Non-Governmental
Organisations (NGOs); Professional bodies; Persons with disabilities; Faith-
Based Organisations (FBO); Women, the Youth, and Persons with Disabilities
(PWDs); and all other organised groups which had various views on the
matters covered under the TORs. Stakeholder views were solicited from the
public through oral submissions and written memoranda with a full list of
participants included in Appendix 10.

13
The National Stakeholder Workshop was held on 7 th and 8th August 2023 at
KICD. The Taskforce mapped out key stakeholders, and also prepared a
schedule of presentation of views and submission of memoranda. A full list
of key stakeholders engaged is attached as Appendix 8.

Other contributions were submitted during meetings with Kenyans in the

Diaspora in Tanzania, the United States of America, Rwanda, and the United
Kingdom. The submissions made were crucial in the findings and
recommendations of this Report.

2.7 Data Analysis and Report Writing

The Taskforce undertook data analysis of memoranda received, and other
relevant material. The data analysis was undertaken through the following
systematic steps:
1. The Taskforce received raw data submitted through emails, written
hard copy memoranda and County specific reports.
2. County public participation reports for Teams A, B and C were reviewed
to align to a common format.
3. The hard copy memoranda were scanned and coded while memoranda
received electronically via emails were downloaded and coded.
4. All the 47 county public participation reports and the diaspora public
participation reports were consolidated into one document.

Based on the identified thematic areas, TORs and expected output,

views/proposals were extracted from the written memoranda, county, and
diaspora reports. This data was analysed and provided a basis for the
recommendations in this Report.
The number of submissions received from the public and stakeholders is
shown in Table 1.
Table 1: Summary of Submissions from the Public and Stakeholders

Stakeholders' Submissions Number Received

Hard Copy Memoranda 398
Electronically Transmitted Memoranda 149
Total Submissions 547

14
 CHAPTER THREE: ANALYSIS OF THE EXISTING LEGAL FRAMEWORK

3.1 Introduction

The Chapter examines the existing legal framework governing religious

organisations in Kenya. The analysis of the legal frameworks is key in defining
and identifying legal rights and obligations, providing a holistic understanding
of elements of the framework including governance structures with
mechanisms for monitoring, evaluation, compliance, dispute prevention and
dispute settlement. It also provides a basis for reviewing the existing
framework and strengthening its implementation.

The Chapter aims to address ToR’s (a), (b) and (c) of the Taskforce through
the identification of legal challenges and gaps, legal changes necessary to
prevent religious extremist organisations, and proposals on legal amendments
to enable enforcement agencies to effectively handle religious extremist
crimes.

3.2 Legal Framework Governing Religious Organisations in Kenya

The legal framework governing religious organisations in Kenya comprises

provisions in international instruments, the Constitution of Kenya, statutes,
and administrative guidelines. An analysis of the current legal framework is
as follows.

1.1.5 International Instruments Applicable to Religion in Kenya

Ratified and general rules of international law form part of Kenya’s legal
framework under Articles 2(5) and (6) of the Constitution. International
instruments applicable to religious organisations and the exercise of the
freedom of religion are as follows.

a) Universal Declaration of Human Rights, 1948 (UDHR)

15
Article 18 of the UDHR affirms the right to freedom of thought, conscience,
and religion. In addition to this, it encompasses the freedom to choose and
change one's religion, as well as the freedom to manifest religion in teaching,
practice, worship, and observance, both individually and in the community.
It also safeguards the exercise of the freedom of religion and its manifestation
by individuals and religious organisations. It is relevant to Kenya as it affirms
the universal protection of the right to freedom of thought, conscience, and
religion as a guiding principle for States in the governance of religious
organisations.

b) International Covenant on Civil and Political Rights, 1976 (ICCPR)

Article 18 of the ICCPR guarantees the freedom of religion. It provides for the
right to adopt or have a religion or belief of one's choice and protects the
manifestation of religion in worship, observance, practice, and teaching. This
freedom is only limited as prescribed by law, and where necessary to protect
public safety, order, health, morals, or the fundamental rights and freedoms
of others. Parents also have the liberty to ensure the religious and moral
education of their children in line with their convictions.

ICCPR is relevant to religious organisations in Kenya as it safeguards the

manifestation of the freedom of religion whose limitations should be justified
and permitted by law.

c) International Covenant on Economic, Social and Cultural Rights

(ICESCR)

Article 2 of the ICESCR provides that state parties undertake to guarantee

that the rights enunciated in the Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth, or other status.

It is relevant to the governance of religious organisations in Kenya as it affirms

non-discrimination against persons in the realisation of economic, social, and
cultural rights based on religion.

d) Declaration on the Elimination of all Forms of Intolerance and

Discrimination Based on Religion or Belief, 1981

16
This Declaration specifically addresses intolerance and discrimination based
on religion or belief. It upholds the right to freedom of thought, conscience,
and religion, including the freedom to have a religion or belief of one's choice
and to manifest it in worship, observance, practice, and teaching. Coercion
that impairs this freedom is prohibited.

It is relevant to religious organisations in Kenya as it safeguards the

manifestation of religion and limits the right only if necessary to protect public
safety, order, health, morals, or the fundamental rights and freedoms of
others.

e) African Charter on Human and Peoples' Rights, 1981 (ACHPR)

Article 8 of the ACHPR guarantees freedom of conscience, the profession and

free practice of religion. Freedom can only be limited or restricted subject to
upholding law and order. It applies to religious organisations in Kenya to the
extent that the ACHPR is intended to promote and protect human rights and
basic freedoms among them religious freedoms within the African continent.

The above international instruments affirm the right to freedom of religion,

including the ability to choose, change, and manifest one's religion or belief.
They provide guidelines for limitations on religious freedom and emphasize
the importance of protecting individuals from intolerance and discrimination
based on religion or belief. Kenya demonstrates its commitment to upholding
and protecting freedom of religion within its jurisdiction by incorporating
these international instruments into its national legal framework.

1.1.6 National Legal Framework

a) The Constitution of Kenya, 2010

The Preamble of the Constitution acknowledges the supremacy of the

Almighty God. The Preamble is relevant to religious organisations to the
extent that it recognises the existence of God and that He is supreme and
Almighty.

17
Article 8 of the Constitution provides that Kenya has no State religion. It is
relevant to religious organisations to the extent that it defines the separation
of religion from the State, and that neither the State nor religions have control
over each other.

Article 32 provides for the freedom of religion, conscience, thought, belief, and
opinion. About religious organisations, it guarantees every individual the
right to freely manifest his or her religion or belief, both publicly and privately,
through worship, practice, teaching, or observance. It explicitly prohibits any
form of discrimination that denies access to institutions, employment,
facilities, or enjoyment of rights based on a person's religion or belief. It also
protects individuals from being compelled to act against their religious beliefs.

The exercise of the freedom under Article 32 may be done either individually
or in community with others in line with the freedom of association under
Article 36 which provides for the right to form, join, or participate in the
activities of an association of any kind. The freedom of association extends
to the right not to be compelled to join an association of any kind. This
safeguards the right to form religious organisations. Additionally, Article
36(3)(a) provides that “any legislation that requires the registration of an
association of any kind shall provide that registration may not be withheld or
withdrawn unreasonably and a right to fair hearing before a registration is
cancelled”.

Article 45 of the Constitution empowers Parliament to enact legislation

recognizing personal and family law systems followed by individuals who
profess a particular religion. It is relevant to religious organisations to the
extent that it allows for the acknowledgement and regulation of personal and
family laws based on religious principles.

In recognition of Islamic law, Article 170 of the Constitution establishes the

Kadhis' courts with jurisdiction over Islamic law matters about personal
status, marriage, divorce, or inheritance. The Kadhis courts also have the
authority to determine these specific issues when all parties involved profess
the Islamic faith and voluntarily submit to the jurisdiction of the Kadhis'
Court.

18
Article 27 of the Constitution provides for equality and freedom from
discrimination. Religion, conscience, and belief are mentioned under Article
27(4), as grounds upon which one may not be discriminated against. This
provision is relevant to religious organisations as it safeguards the exercise of
the rights to freedom of conscience, religion, thought, belief, and opinion to
the extent that they do not infringe on other rights and fundamental freedoms.

While the Constitution provides for the rights and freedoms above that are
facilitative of the freedom of religion, these rights are not absolute. Article 24
of the Constitution allows Parliament to pass legislation that may impose
limitations on these constitutional rights and freedoms. Such limitations are
however required to be reasonable in an open and democratic society based
on human dignity, equality, and freedom with due regard to all relevant
factors.

In the operations of religious organisations, there is a need to strike a balance

between the exercise of religious freedom and broader societal interests. This
tends to give a hanging opinion recommendation. The Taskforce noted the
need to strike a balance between the exercise of religious freedom and the
broader societal interests. The Constitution itself provides for the limitation
of rights and fundamental freedoms. Article 24 outlines the grounds for the
justifiable limitation of rights and Article 24 (2) particularly provides that a
law, even if patently justifiable, shall not be construed as limiting the right or
fundamental freedom unless the provision is clear and specific about the right
or freedom to be limited, and the nature and extent of the limitation and shall
not limit the right or fundamental freedom so far as to derogate from its core
essential content.

Article 24 therefore ensures that any limitations imposed on rights and

fundamental freedoms must be prescribed by law and must meet the
standards of reasonableness and justifiability in an open and democratic
society based on human dignity and equality. This ensures that any
restrictions on religious freedom are subjected to a proper process of
justification, and are proportionate to the legitimate aims pursued.

19
These constitutional provisions collectively form the legal basis for regulating
religious organisations in Kenya. They ensure the protection of religious
freedom, prevent discrimination based on religion or belief, and provide
mechanisms for the recognition and regulation of religious organisations.
Additionally, they establish the framework for Kadhis' courts to address
matters related to Islamic law within the context of personal law.

Various statutes form part of the regulatory framework for religious

organisations in Kenya. These include:

b) The Societies Act, Cap 108, Laws of Kenya, and Guidelines made under
the Act.

The Societies Act is relevant to religion as the primary statute that makes
provisions for the registration and regulation of societies. Section 2 of the Act
defines a society to include a club, company, partnership, or association of
ten or more persons whatever its nature or object that is established in Kenya
or has its headquarters or chief place of business in Kenya and any branch of
a society. By dint of definition under Section 2, religious organisations
therefore form part of societies by being a partnership or association of ten or
more persons of a religious nature or object.

A society can only acquire legal status subject to registration in accordance

with section 4 of the Societies Act which provides that every society which is
not a registered society, or an exempted society is unlawful. The registration
of a religious organization requires the submission of an application in the
prescribed form, as outlined under rule 2 of the Societies Rules.

The Registrar may refuse to register a society where he is satisfied that such
society is a branch of, or is affiliated to or connected with, any organisation
or association of a political nature established outside Kenya; or any of the
proposed officers has been at any time an officer of a society which has been
refused registration or which has had its registration cancelled under section
12 of the Act.8

8 Section 11 of the Societies Act, CAP 108, Laws of Kenya

20
However, subject to the special provisions as to exemption from registration
contained in section 10 of the Act, the Registrar may, by writing under his
hand, exempt any specified society from all or any of the provisions of the Act
or of any rules made thereunder, subject to such conditions, if any, as he may
think fit, and may at any time cancel any such exemption or amend any such
condition.9 Well-organized religious organisations with demonstration of good
governance structures are eligible for application for exemption. A society can
seek exemption from registration under section 9 of the Societies Act.

Section 30(1) requires all registered Societies to file annual returns. The Act
does not require exempted Societies to file annual returns. Every exempted
society which amends its name or objects or becomes a branch of or is
affiliated to or connected with, any organisation or group of a political nature
established outside Kenya or dissolves itself, shall within fourteen days from
the date of effecting such amendment or other matter as aforesaid give to the
Registrar notice thereof in writing signed by three of the officers of the
society.10

Section 19 of the Societies Act mandates societies, including religious

organisations, to include specific matters outlined in the Act's schedule within
their constitution. Further, if a religious organisation intends to acquire
property, then the property must be held under a trust for the benefit of the
organisation. Such a trust would typically be established and incorporated
under the Trustees (Perpetual Succession) Act.11

The Societies Act also encompasses various provisions related to the conduct
and administration of societies, addressing changes in office bearers, dispute
resolution, contents of the constitution, books of accounts, inspection of
accounts and documents, meetings, and annual returns, among others.
These provisions contribute to the effective governance and management of
religious organisations and other societies in Kenya.

9 Section 51 of the Societies Act, CAP 108, Laws of Kenya

10 Section 21 (1) of the Societies Act, CAP 108, Laws of Kenya
11 Cap 164, Laws of Kenya

21
In 2022, the Registrar of Societies issued administrative guidelines, providing
further clarity on the registration process for religious societies. These
guidelines supplement the registration requirements specified in Rule 2 of the
Societies Rules.12 The guidelines outline additional documents to be
submitted with the registration application, including contact details of
society officers, proof of theological qualifications for at least one officer,
certificates of good conduct from the National Police Service (NPS), tax
compliance or exemption certificates from the Kenya Revenue Authority
(KRA), affidavits indicating membership in other religious societies,
introduction/recommendation letters from registered religious societies, and
a list of society members.

The Societies Act also encompasses various provisions related to the conduct
and administration of societies, addressing changes in office bearers, dispute
resolution, constitution contents, books of accounts, inspection of accounts
and documents, meetings, and annual returns, among others. These
provisions contribute to the effective governance and management of societies
in Kenya.

However, the Societies Act is insufficient in comprehensively addressing

issues affecting religious organisations for the following reasons:

1. It lacks a dispute resolution mechanism to enable amicable resolution

of disputes involving religion before the disputes are taken to court.

12Every application made for registration or exemption from registration under section 9 of
the Act shall—
(a)be made in duplicate in Form A in the Schedule to these Rules;
(b)be typewritten;
(c)be signed by three of the officers of the society;
(d)be sent to the Registrar together with the prescribed fee;
(e)be accompanied—
((i) subject to any direction of the Minister, by two type-written or printed copies
of the constitution or rules of the society; and
(ii)by a notification in duplicate of the situation of the registered office and postal
address in Form B in the Schedule to these Rules signed by three officers of the
society.

22
 2. It lacks well-defined offences that are committed in the name and or
pretext of practising religion. This makes it difficult to charge offenders
in courts as the offenders claim they are exercising the freedom of
religion as provided in the Constitution.
3. The offences created by the Act attract very lenient penalties and are of
a general nature which makes it difficult to pin down an offender to a
specific offence as the offence is not specific to religion. Further, the
lenient penalties are not sufficient to deter crimes in future.
4. It lacks provisions to take care of emerging issues such as self-
regulation through umbrella religious organisations. Although the
umbrella religious organisations currently exist, they are not anchored
in law.
5. The societies created under the Societies Act are not body corporates
which poses a challenge in monitoring and compliance of legal
obligations by religious organisations.

In general, the Act does not have provisions specific to religious organisations
since it regulates registration of all other types of societies which are
established for different purposes.

c) Other Corporate Structures

Apart from registration under the Societies Act, religious organisations may
also be registered as corporate organisations regulated under different
statutes depending on their objectives. This makes it difficult to regulate them
since different statutes have different legal requirements. The different
statutes under which religious organisations may be registered under are as
outlined in the subsequent subsections.

i) The Companies Act, 2015

The Society`s Act does not allow religious institutions to be incorporated as

body corporates. Therefore, they often establish companies limited by
guarantee to, inter alia, manage their properties, fundraise, or govern
established umbrella associations.

ii) Trustees (Perpetual Succession) Act, (Cap 164)

23
The Trustees (Perpetual Succession) Act governs the registration of trusts.
Trusts are one of the tools considered for wealth management and
administration of estates. Societies established under the Societies Act are
not able to own property under their name. Where a religious organisation
intends to acquire property, then the property must be held under a trust for
the benefit of the organisation. Religious organisations are therefore able to
own property through the registration of trusts under this Act.

One of the fundamental weaknesses of both the Societies Act and the Trustees
(Perpetual Succession) Act is that both lack a clearly defined protocol on the
vesting and ownership of property by religious organizations. In this regard
the proposed Policy and legal frameworks should include guidelines that
proscribe individual ownership of church property acquired through the
public or congregation funds. The guidelines should also define the process
of transiting ownership back to the state, in the event that a religious
organisation is wound up or is to be deregistered under any circumstances.

iii) Non-Governmental Organisations Co-ordination Act, No. 19 of 1990,

Laws of Kenya

The NGO’s Co-ordination Act provides for the registration and co-ordination
of NGO`s in Kenya. The Act provides a loophole for the registration of religious
organisations that have objectives similar to those of NGOs. This practice of
dual registration allows religious organisations to operate outside the relevant
legal framework.

iv) Community Groups Organisations Act No. 30 of 2022

In Kenya, some FBOs are registered as Community Based Organisations

(CBOs). Although such FBOs are proper CBOs, they are referred to as faith-
based because they are motivated by religious considerations in running their
programs. Accordingly, the Act applies to religious organisations as it
provides for their registration as faith-based community organisations. This
practice of dual registration allows religious organisations to operate outside
the relevant legal framework.

v) Public Benefit Organisations Act, Act No. 18 of 2013, Laws of Kenya

24
The Public Benefit Organisations (PBOs) Act was enacted in 2013 but is yet
to be operationalised. Once operationalised, it will provide an avenue for the
establishment and operations of PBOs which are commonly used by religious
organisations to further their charitable and public benefit objectives. This
legislation will have the same shortfalls as the NGOs Coordination Act as
previously noted.

d) Other Key Laws Affecting Religious Organisations

Apart from the key statutes through which religious organisations may be
registered, there are other statutes which impact the operations of religious
organisations. These statutes as discussed are sufficient in the areas they
regulate, and they only require full implementation. However, KICA may
require an amendment to effectively regulate online content.

i) The Children Act No. 29 of 2022

The Children Act gives effect to Article 53 of the Constitution. Its relevance
and application to religious organisations is in respect of the Charitable
Children's Institutions (CCIs) they establish. It sets out the legal framework
for the protection of children in Kenya, including those within CCIs. It also
establishes the rights of children, the responsibilities of adults, and
regulations for ensuring child protection.

The Act ensures that CCIs established by religious organisations protect

children's rights and operate within the applicable legal framework.

ii) The Basic Education Act, No. 14 of 2013

The Basic Education Act provides for accreditation, registration, governance,

and management of institutions of basic education. It is applicable to
religious organisations to the extent that they establish or run religious based
education institutions. The Act provides essential guidance and regulatory
framework for ensuring educational quality, compliance, and student welfare.

iii) Kadhis’ Court Act, (Cap 11) Laws of Kenya

25
The Kadhis’ Court Act establishes the Kadhis' courts in Kenya as a specialized
courts with district to adjudicate over matters of Islamic personal law relating
to marriage, divorce, inheritance, distribution of assets, dispute resolution
and guardianship. The Act also empowers the courts to resolve disputes
through mediation and arbitration based on Islamic law principles.

The Act applies to religious organisations as far as they may be involved in

dispute resolution processes which should align with the provisions and
procedures outlined in the Kadhis’ Court Act.

iv) The Physical Planning Act, CAP 286, Laws of Kenya

The Physical Planning Act defines the term “public building” as a building
used or constructed or adapted to be used ordinarily or occasionally as a place
of public worship or as a hospital, college, school (not being a dwelling house
so used), theatre (including a private theatre), an institution for persons
admitted by ticket or otherwise or used or adapted to be used for any other
public office or public purpose.

It applies to religious organisations as far as; they may erect buildings for
purposes of worship. Section 5(2) of this Act provides for sites for public
buildings and instances where the Director of Physical Planning may refuse
to recommend a site for erection of a public building on the grounds that:

1. The site is not suitable for the purpose.

2. The erection on the site of any such public buildings would be
contrary to the public interest.
3. The site does not sufficiently provide for the safety of persons
frequenting such public building or the general public.
4. The discharge of audiences or patrons from any such building on a
site is likely to interfere with the safe conduct of traffic in the streets.
5. The site is so close to another public building that congestion of
traffic may be possible; or
6. Car parking provision on or in the vicinity of the site is, in the opinion
of the Director of Physical Planning, inadequate.

26
Adherence to the Physical Planning Act ensures that structures put up by
religious organisations are sound and are located at the permitted zones to
avoid disrupting peace and good order in the community.

v) The Environmental Management and Coordination Act, 1999 (EMCA)

The EMCA, 1999 provides for the establishment of appropriate legal and
institutional frameworks for the management of the environment and
connected matters. Schedule Two to EMCA provides for projects requiring
the submission of environmental impact assessment study reports to the
National Environment Management Authority (NEMA). Section 1(a) of this
Schedule categorises churches, mosques and temples as low-risk projects
whose establishment requires the submission of Environmental Impact
Assessment Study reports.

The Noise and Excessive Vibration (Pollution) (Control) Regulations, 2009 are
made under EMCA. Noise pollution refers to the emission of uncontrolled
noise that is likely to cause danger to human health or damage to the
environment. These regulations prohibit persons from making or causing any
loud, unreasonable, unnecessary, or unusual noise which annoys, disturbs,
injures or endangers the comfort, repose, health or safety of others and the
environment.

EMCA is relevant to religious organisations to the extent that it creates a

statutory obligation to submit Environmental Impact Assessment reports as
a prerequisite to the establishment and construction of places of worship. The
erection of places of worship by religious organisations is required to comply
with statutory noise prevention provisions with respect to silent zones. These
include health facilities, educational and research institutions, courts, and
any other area declared by the National Environmental Authority (NEMA) as
such.

The implementation of the above statutory provisions continues to pose a

challenge as evidenced by the establishment of churches in designated silent
zones and the lack of enforcement action against violators of statutory and
regulatory requirements on noise pollution.

27
 vi) Kenya Information and Communication Act, 1998 (KICA)

Section 46(D)(2) (a) of the KICA provides that in considering applications for
the grant of a broadcasting licence, the Communication Authority of Kenya
ought to have regard to the observance of public interest obligations in all
broadcasting categories.

Regulation 19(d) of the KICA (Broadcasting) Regulations, 2009 made pursuant

to this Act provides that for purposes of broadcast, a licensee shall ensure
that no broadcast is likely to incite, perpetuate hatred, and vilify any person
or section of the community.

KICA is relevant to religious organisations to the extent that just like any other
institution to broadcast their activities or content, religious organisations
should always observe public interest obligations to be granted a
broadcasting licence. The regulations also require religious organisations to
broadcast content that does not promote or propagate extremism and
radicalization.

Despite the increased use of online platforms such as YouTube, Netflix, social
media networks and other Over-the-Top services to broadcast content, there
are no provisions in the KICA to regulate online broadcasts. This continues to
pose a challenge in monitoring the transmission of content that leans toward
religious extremism and radicalization.

e) Criminal Laws Dealing with Abuse of Religion and Radicalisation

i) Penal Code, Cap 63 Laws of Kenya

The Penal Code accords protection to places of worship under section 134. It
creates offences relating to any form of damage to places of worship or objects
held sacred to insult the religion of a person. Section 135 of the Penal Code
also makes it an offence to voluntarily cause disturbances to any assembly
lawfully engaged in the performance of religious worship or religious
ceremony.

28
One of the major gaps of the Penal Code is that it does not define crimes and
offences committed under the pretext of religion. This has posed legal
challenges in framing criminal charges against persons and religious
organisations whose activities have been extremist or radical.

ii) Sexual Offences Act, 2006

The Sexual Offences Act provides for sexual offences, their definition,
prevention, and the protection of all persons from harm, unlawful sexual acts,
and other connected purposes.

Section 29 of this Act provides that any person who for cultural or religious
reasons forces another person to engage in a sexual act or any act that
amounts to an offence under the Act is guilty of an offence and is liable upon
conviction to imprisonment for a term of not less than ten years. Religious
organisations are therefore statutorily required to ensure that their activities
protect persons from harm or unlawful sexual acts.

This is the only Act that provides for offences committed in the name and
under the guise of religion. The provisions of the Act will be relevant in
formulating the proposed new statutory framework to govern religious
organisations. There have been reported incidents of sexual offences
committed under the pretext of freedom of religion. Various measures taken
to conceal sexual misbehaviour occurring within the precincts of religious
organisations have also been reported.

iii) Prevention of Terrorism Act No. 30 of 2012

Section 35(3) (c) of the Prevention of Terrorism Act provides for limitation to
the freedom of expression, the media of conscience, religion, belief, and
opinion. Section 12D of this Act stipulates offences related to the exercise of
religion to include radicalisation and the possession of weapons in places of
worship, institutions, or public places.

29
The Act is relevant to religious organisations to the extent that radicalization
and terrorism may be undertaken under the pretext of religion. The Act also
demonstrates the importance of identification, reporting, education,
collaboration, intervention, and enforcement measures in countering
terrorism and radicalisation. The major challenge in using the Act to frame
charges is that it does not have specific offences termed as religious
radicalization.

iv) Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009

(POCAMLA)

POCAMLA provides the statutory framework for combating money laundering,

terrorism financing, and combating the financing proliferation of weapons of
mass destruction. The Act stipulates requirements and obligations for
organisations to implement anti-money laundering measures, conduct due
diligence on financial transactions, and report suspicious transactions. It
emphasises financial accountability and transparency with guidelines for
proper record-keeping, financial reporting, and audits.

Section 2 of this Act defines non-financial businesses or professions to include

Non-Governmental Organisations and trusts which may be used by religious
organisations for registration and conduct of their activities. POCAMLA is
relevant to religious organisations to the extent that some of their activities
may pose risks relating to crime and money laundering.

1.1.7 Gaps in the Existing Legal Framework

a) Lack of a Policy Framework and Specific Legislation on Religious

Organisations

There is a lack of a specific and comprehensive policy and legislative

framework to regulate and guide the operations of religious organisations in
Kenya. This gap hampers effective regulation, oversight, and transparent and
responsible practices by religious organisations. Although the Societies Act
provides guidelines for registration and governance, there is a need for a
distinct policy framework and legislation which addresses the unique nature
of religious organisations.

30
The policy and legislative framework should provide clarity on registration,
monitoring and enforcement, affiliation to other religious bodies,
organisational structure, leadership selection, financial management,
internal governance, and accountability mechanisms within religious
organisations. Further, the proposed policy and legal frameworks should also
ensure strict compliance with the expectations on fiduciary responsibilities,
prudent financial management and accountability and reporting, monitoring
and enforcement, affiliation to other religious bodies, organisational
structure, leadership selection, financial management, and accountability
mechanisms within religious organisations or umbrella bodies. This would
ensure that religious bodies like all public sector organisations strictly comply
with all public sector regulations and standards including the principles of
public finance, and appropriate sanction measures for non-compliance.

b) Lack of Statutory Clarity on the Nature of Crimes Committed in the

Pretext of Religion

The existing criminal law regime does not comprehensively address the issue
of religious extremism, cultism and other crimes committed in the pretext of
religion. This gap poses a difficulty in preferring criminal charges against
individuals involved in the manipulation and exploitation of persons in the
pretext of religion. It also poses a threat to national security and social
cohesion due to the harm caused to the public. There is need for statutory
clarity on crimes committed in the process of propagation of religious
extremist ideologies.

c) Lack of Legal Personality for Religious Organisations

There is a lack of clear criteria and procedures for legal recognition of religious
organisations due to the varied registration regimes under which religious
organisations and their affiliated entities can be registered. The societies
created under the Societies Act are not body corporates.

31
This poses a challenge in monitoring and compliance with legal obligations
arising from registration and transparency obligations by religious
organisations. These include risks related to potential abuse for money
laundering, financial impropriety, and illicit financial activities among others.
Religious organisations should be conferred legal personality upon
registration.

There is need for a legislative framework that provides for a description on the
requirements for the registration of religious organisations. Such legislative
description should include: a qualification criterion; submission of a
constitution which should indicate a statement on the doctrine of faith; and
up to date statutory clearances which include, inter alia, the KRA tax
compliance, EACC’s clearance certificate, and certificate of good conduct.

Further, the proposed legislative framework should provide for the

establishment of a Religious Affairs Appeals Tribunal to consider appeals
arising from the decisions emanating from the Office of the Registrar of
Religious Affairs. In the event one is dissatisfied with the decision by the
Appeals Tribunal, then an appeal should lie to the High Court.

d) Lack of Regulation on Online Broadcasting by Religious Organisations

Despite the increased use of online platforms such as YouTube, Netflix, social
media networks and other Over-The-Top services to broadcast content, there
are no provisions in KICA to regulate online broadcasts. This continues to
pose a challenge in monitoring the transmission of content that displays
religious extremism, radicalization or the infringement of fundamental rights
and freedoms under the pretext of religion.

In order to mitigate against the risk of religious extremism in online

broadcasting, it is imperative to have clearly defined legislative prescriptions
against distinct broadcast and media channels/programmes that air religious
content. This would require that any content that would be aired would be
subjected to the provisions of both Films and Stage Plays Act; as well as, the
Kenya Information and Communications Act.

32
3.3 Conclusion

There is no existing policy framework for the religious sector. Hence, the need
to formulate a policy framework for the sector. The existing legal framework
has gaps and it does not adequately address religious extremism, sects, cults
and other similar outfits in Kenya that engage in practices detrimental to
individual health and safety, the public interest and our national values.
However, given that the legislative process for a new legal framework may take
some time, there is need to put in place interim measures to address the
existing and emerging challenges.

3.4 Recommendations

In light of the above analysis of the existing legal framework on religious

organisations, the Taskforce recommends:

1. The formulation of an appropriate policy framework on religious

organisations to give guidelines on, inter alia, self- regulation, and
government oversight, so as to ensure transparency and responsible
practices by religious organisations, strict compliance with the
expectations on fiduciary responsibilities, prudent financial
management and accountability, public sector regulations and
standards etc;
2. The enactment of a statute proper to religious organisations providing
clarity on legal personality, registration requirements, transparency,
responsible practices, appropriate internal dispute resolution
mechanism and crimes committed in the pretext of religion;
3. Formulation of regulations under the proposed statute to operationalise
the Act;
4. The amendment of the Societies Act (Cap 108) and other related
legislations to give effect to these recommendations in this chapter and
the entire Report (See Appendix 4 containing a list of statutes which
will require amendments in order to implement the recommendations
in this Report);

33
 5. As part of interim measures pending enactment of the proposed
legislative framework, the following interim measures are to be
undertaken:
a. formulation and gazettement of regulations under the Societies
Act to give effect to some of the recommendations in this report;
and
b. implementation of the recommendations relating to relevant
administrative actions contained in this Report.

A review of the above legal framework should be guided by the international

instruments, the Constitution and relevant statutes which affirm the right to
freedom of religion and prescription of limitations guided by the law to
safeguard public safety, order, health, morals, or the fundamental rights and
freedoms of others.

CHAPTER FOUR: GOVERNANCE FRAMEWORK FOR RELIGIOUS

ORGANISATIONS

4.1 Introduction

A sound governance framework for religious organisations is key to the

operation of religious organisations. Therefore, religious organisations need
to have a clear and robust governance framework within their structures for
the effective running of these organisations, and to ensure transparency,
accountability, and the fulfilment of their mission. Similarly, it is imperative
for the Government to establish effective governance structures to regulate its
operations. Such regulatory measures aim not only to safeguard the
principles of religious freedom and expression but also to ensure that these
organisations operate within the bounds of societal well-being, ethical
standards, and legal frameworks.

4.2 Analysis of existing governance framework

Currently, religious organisations in Kenya are registered and regulated by

the office of the Attorney General through the office of the Registrar of

34
Societies. This office registers other societies including welfare societies,
residential associations, and foundations.

The Office of the Registrar of Societies is currently not decentralised and is

primarily based in the capital city, Nairobi. The Office of the Registrar of
Societies began the registration of societies from the online platform e-citizen
in July, 2022. However, all societies that are not registered online are
required to physically visit the Registrar’s Office in Nairobi for any services
which may include filing of annual returns, change of officials, change of
name, and amendment of the constitution.

Vetting of applications for the registration of societies including religious

societies is undertaken by the NIS. Copies of the registration documents for
the applicant societies which include details of the proposed office bearers
and the constitution of the society are forwarded to the NIS by the office of the
Registrar of Societies for vetting.

The internal governance framework for religious societies is set out in their
respective constitutions. The Societies Act requires all societies to have
certain governance structures in their constitutions. Section 19 of the
Societies Act makes it mandatory for every society to provide for the following
matters as specified in the schedule of the Societies Act;

1. The name of the society.

2. The whole of the objects for which the society is to be established.

3. The persons to whom membership is open.

4. The rates of entrance and subscription fees (if any) for membership.

5. The method of suspension or expulsion of members.

6. The titles of officers, trustees and auditors and their terms of office,
and the method of their election, appointment, dismissal and
suspension.

7. The composition of committees (if any) of the society, the terms of

office of members of such committees and the method of their
election, appointment, dismissal and suspension.

8. The authority for and the method of filling vacancies on committees.

35
 9. The frequency of, quorums for and dates of the general meetings
referred to in section 29 of the Societies Act.

10. The custody and investment of the funds and property of the society,
and the designation of the persons responsible therefore.

11. The purposes for which the funds may be used, and in particular the
prohibition of the distribution of funds among members.

12. The inspection of the books and list of members of a society, by any
member or officer, under Section 28(1) of the Societies Act.

13. The annual or periodical audit of accounts.

14. The formation of branches, if branches may be formed.

15. The manner of amending the name, constitution or rules of the

society.

16. The manner of the dissolution of the society and the disposal of its
property on dissolution.

The Societies Act does not make it mandatory for religious societies to have
internal dispute-resolution mechanisms. However, some religious societies
have internal dispute-resolution structures set out in their constitutions.

Similarly, although the Societies Act does not have provisions that allow
religious organisations to come together to create an umbrella body for
religious organisations, some of these organisations have structures that
allow them to affiliate under an umbrella body. Under the current legal
framework, these registered umbrella bodies have the same legal status
similar to other registered societies.

4.3 Proposals from the Public on Governance Challenges and gaps

Based on the identified governance challenges and gaps, the following

proposals were submitted by the members of the public:

4.3.1 Establishment of a specialized office of the registrar of religious organisations

To address the lack of a separate and distinct registration and regulation

regime for religious organisations, members of the public proposed the
creation of a dedicated government office responsible for the registration and

36
regulation of religious organisations. This office should have staff with
expertise in religious matters to ensure thorough scrutiny and understanding
of these organisations. The office will also focus solely on the affairs of
religious organisations.

4.3.2 Decentralisation of the registration and regulation services of religious

organisations

To address the issue of centralized registration and regulation services for

religious organisations, the following proposals were put forward:
1. Establishment of Regional Registration Offices: This decentralization
will make registration and regulation services more accessible to
religious organisations across Kenya.

2. Online Registration Portal: Members of the public proposed the

development of an online registration portal to enable religious
organisations to complete the registration process remotely, reducing
the need for physical presence in centralized offices.

3. Consistency in Enforcement: To tackle the issue of inconsistency in

enforcement, it was proposed that there was a need to enhance the legal
framework that clearly outlines regulations and standards for religious
organisations and further train government officers on the laws to avoid
arbitrary enforcement and double standards when religious
organisations are involved.

4.3.3 Establishment of a Specialized Dispute Resolution Mechanism for Religious

organisations

Members of the public proposed that there should be established dispute

resolution structures within religious organisations through the development
of a legal framework. This framework should outline the standards for
mediation, arbitration, succession and legal processes for conflict resolution
within these organisations.
Members of the public proposed the establishment of a specialized religious
affairs tribunal to handle legal disputes and conflicts within religious
organisations. This tribunal would comprise experts with a deep
understanding of religious matters, ensuring efficient conflict resolution.

4.3.4 Enhancement of the vetting process

37
Members of the public proposed the need to establish vetting committees
comprised of security agencies, religious leaders, and the NGAOs to ensure
thorough vetting of proposed registration of religious organisations.

4.3.5 Legal Recognition of Umbrella religious organisations

Members of the public proposed enact legislation to legally recognize and

empower umbrella bodies to oversee, vet, and monitor religious organisations
within their purview. This legal mandate should also include provisions for
addressing extremism within their member organisations. It was further
proposed that there is need to establish structures that create a direct and
close working relationship between the umbrella bodies and the registrar of
religious organisations for effective monitoring and regulation of religious
organisations.

Members of the public stated that the full effect of the umbrella bodies would
be to ensure self-regulation of religious organisations.

4.4 Conclusion and Recommendations

4.4.1 Conclusion

The governance framework for religious organisations in Kenya reveals a

series of challenges and gaps that have implications on transparency,
accountability, and the overall well-being of these organisations. The existing
regulatory framework, primarily governed by the Societies Act, is inadequate
and does not address the unique character of the religious sector.

4.4.2 Taskforce recommendation on Governance framework

The Task Force recommends:

a) Establishment of a Religious Affairs Commission

The Taskforce recommends the establishment of a Religious Affairs

Commission through an Act of Parliament. The primary role of the
commission is to provide a convergence point between the state and religious
organisations for the sole purpose of oversighting religious organisations. The
composition of the proposed commission shall consist of 9 members, that is

38
the chairperson and the majority of members who will be drawn from the
religious sector.
b) Formation of Umbrella Religious Organisations

The Taskforce recommends:

i) That religious organisations self-regulate through Umbrella bodies

anchored in the proposed law.

ii) That the responsibility of monitoring and reporting deviant religious

leaders be vested in the Umbrella bodies.

iii) That the Umbrella bodies should be given the mandate to set
standards, monitor the activities of member religious organisations
and serve as intermediaries between religious groups and government
institutions.

c) Interfatih Relations

The Taskforce recommends that the existing structure of existing interfaith

relations operating at the national level be cascaded to the counties.

d) Model code of conduct and a model constitution

The Taskforce recommends that the proposed Religious Affairs Commission

develops a model code of conduct and a model Constitution for adoption and
use by Religious Organization.

The legislative and policy framework proposed for the formation in this Report
shall cure the gaps existing in the current structure.

39
 CHAPTER FIVE: PRIOR LAW REFORM PROPOSALS AND RELEVANT
REPORTS

5.1 Introduction

This chapter seeks to examine various past initiatives aimed at enhancing the
administrative and regulatory frameworks for religious organisations.

These initiatives assume the form of:

1. National reports from various inquiries published in the recent past;

and

2. Various attempts at legislative reviews and proposals that sought to

stipulate different laws and regulations that would provide universally
accepted norms and principles for the general regulation and oversight
of religious organisations.

These initiatives will help the Taskforce in understanding the various steps
that have been undertaken in an attempt to address the gaps in legislation
and regulation of religious organisations. They will further inform the
recommendations by the members of the Taskforce.

5.2 Prior Law Reform Proposals

5.2.1 Draft Societies (Religious Societies) Rules, 2015 “Githu Rules"

The Draft Rules, inter alia, stipulated the registration requirements for
religious societies domiciled in Kenya, and sought to provide for the
registration of foreign religious societies and Umbrella bodies. However, they
were not adopted.

5.2.2 Administrative Guidelines on the Lifting of Moratorium on Registration

of New Religious Societies, 2022

Stricter guidelines were issued after the Government lifted the ban on the
registration of new churches which were in addition to the requirements for

40
registration provided under Rule 2 of the Societies Rules. However, these are
mere administrative guidelines not founded on any statutory framework.
Since the administrative guidelines were published and effected there has
been significant change, and increased effectiveness concerning regulation
and compliance.

5.3 Prior National Reports Touching on Religion

5.3.1 The Report of the Presidential Commission of Inquiry into the Cult of Devil
Worship in Kenya13

On 21st October 1994 the then President, Daniel Toroitich Arap Moi,
appointed a committee through Gazette Notice No.6783 to investigate the
allegations of the existence of the cult of devil worship and its nexus to drug
abuse and related anti-social activities. On 1st March 1995, the committee
was elevated to a commission of inquiry.

The Presidential Commission’s report stated that the cult of devil worship
existed, and the target groups were youth and those economically challenged
in society. Some of the key recommendations in the Commission’s report
included the following:

1. The Government sets up special police unit with requisite training to

investigate ritual and related occult crimes.
2. Further efforts be taken to educate and sensitize the public on the
dangers and evils of drug abuse.
3. Heads of learning institutions should cooperate with local
administration and communities in monitoring and carrying out
surveillance on students.

Despite the Commission completing its task, and submitting its report to the
President, the report was neither made public nor the recommendations
therein implemented.

5.3.2 Report of the Committee to Review the Societies Act14

13This Report is accessible at [Link]

14The Report can be accessed at [Link]
[Link]

41
On 20th February 2014, the then Hon. Attorney General, Githu Muigai,
through a letter referenced AG/CONF/4/55VOL. IV requested the Kenya Law
Reform Commission to constitute a committee of key stakeholders to review
the Societies Act Cap 108 and other statutes relating to charities.

In addition to developing a Draft Associations (Registration and

Incorporations) Bill, the Committee made the following recommendations,
that:

1. A policy framework for associations should be developed.

2. The Trustees (Perpetual Succession) Act, Cap 164 should be reviewed.
3. International benchmarking of other jurisdictions should be
considered.
4. There was a need to determine the scope of application of the draft
Associations (Registration and Incorporations) Bill, and whether it will
govern the registration and regulation of Public Benefit organisations.

Regarding religious organisations, the Committee recommended that:

1. Religious organisations should have their own law to regulate their

activities.
2. There was need for regulations that would set minimum standards and
procedures for the registration of religious organisations.
3. A registration certificate be provided for in the act with a seal and

The Committee’s recommendations were only partially implemented. The

recommendation on setting minimum standards and procedures for the
registration of religious organisations has been implemented through the
post-moratorium administrative guidelines of 2022.

5.3.3 Presidential Working Party on Education Reforms15

15Report of the Presidential Working Party on Education Reforms (PWPER) to review the
current state of education in Kenya and recommend reforms, accessible at
[Link]
08/B5%20REPORT%20OF%20THE%20PRESIDENTIAL%20WORKING%20PARTY%20ON%20EDUCATION%20REFO
RM%207th%20JULY%202023%[Link].

42
In September 2022, President William Samoei Ruto appointed a Presidential
Working Party on Education Reforms (PWPER) to review the current state of
education in Kenya and recommend reforms.

The PWPER submitted its report to the President in June 2023. The report
recognises that the Constitution and the Basic Education Act acknowledge
Kenya’s ethnic, cultural and religious diversity, and the right of every Kenyan
to enjoy freedom of conscience, religion, belief and opinion. However, it is
noted that the violation of religious rights in schools has compounded effects
on the maintenance of peace and tranquillity. In some cases, learners denied
such rights share their frustrations through violent acts like burning
dormitories while others drop out of school.

The President accepted the PWPER's recommendations, and directed the

Ministry of Education to implement the same.

The PWPER has the potential to impact society significantly if the curriculum
development envisaged in the report is directed towards fomenting religious
tolerance and religious integration within the school system. Further a new
transformative curriculum can impart knowledge and skills in the early
detection and possible containment of religious extremism, and other such
malpractices within Kenya’s education system.

In addition, there should also be established structured religious support

programs that cater for the spiritual well-being of all learners.

5.3.4 Ministry of Education Circular on Religious Freedom in Schools

On 4th March, 2022, the Ministry of Education issued a circular on religious

freedom in schools. The circular reaffirmed the right of all students to practice
their religion freely, as enshrined in the Constitution of Kenya. The circular
also provided guidance to schools on how to promote religious tolerance and
respect for diversity.

43
5.4 Regulation and Self-regulation Models from Comparable Sectors in
Kenya

The Taskforce also undertook a study of two sectors within Kenya to be able
determine how they have been regulated and more specifically, the mode of
regulation applied, either Government, self or a combination of both, and how
effective this has been. The sectors relate to those regimes regulating,
matatus, and lawyers, and are discussed as follows:

5.4.1 Regulation of the Public Service Vehicles (Matatus) Sector in Kenya

Prior to 2003, the Public Service Vehicles (PSV) sector, commonly known as
Matatus, had become a menace. The sector players had gone rogue, attracting
criminal sects disguised as drivers, touts and stage managers. Passengers
had become victims of broad daylight and night robbery wherein the matatu
operators colluded with criminals who would board vehicles by disguising
themselves as passengers and thereafter, rob passengers.

a) Introduction of the Michuki Rules to regulate the PSVs

In 2004, Honourable John Michuki (now late), the then Minister for Transport
brought a raft of measures to whip the rogue matatu operators. The Transport
Rules famously known as The Michuki Rules came into force in February
2004, and the Minister was able to oversee their implementation.

Whereas it appeared as a stop gap measure, these rules were highly

welcomed. All Vehicles were required to have Speed Governors, and PSV
vehicles speed limit was capped at 80KM/Hour. All vehicles, a practice to
date, had to be fitted with seat belts and the drivers and touts had to have
uniforms and badges for ease of identification.

44
b) Legislation Governing the Matatu Sector

The Traffic Act Chapter 403 was activated and several operators who broke
the law were constantly arraigned in court to face traffic charges. The Act was
equally amended from time to time to accommodate the changing technology,
and to give a broad spectrum to the registration of motor vehicles, inspection
of status of the motor vehicles, licensing, designated parking spaces among
others. The Act provides for the Highway Code, and power to regulate traffic
donated to the Traffic police.

The National Transport and Safety Authority Act (NTSA) No.33 of 2012
established the NTSA whose main role is to:

1. Advise and make recommendations to the Cabinet Secretary on

matters relating to road transport and safety;

2. Implement policies relating to road transport and safety;

3. Plan, manage and regulate the road transport system by the

provisions of the Act;

4. Ensure the provision of safe, reliable and efficient road transport

services among others.

Under the NTSA, the drivers of Matatus must undergo a fitness test after every
three years.

NTSA has powers to suspend public service vehicles attached to a Sacco when
one of them commits a traffic offence. It also has powers to ban an entire
Sacco where breach on the part of the matatus for that specific Sacco becomes
rampant. This is geared towards ensuring matatu Saccos and all their staff
comply with traffic rules. These powers are aimed at forcing each Sacco to
streamline the Matatus registered under it.

Transport Licensing Act, Chapter 404, Laws of Kenya, establishes the

Transport Licensing Authority whose mandate is to issue licenses to various
classes of road transport network as well as for cross border cargo and
passenger transport.

45
The Transport Licensing Appeals Tribunal sits and hears appeals against the
NTSA on licensing. It therefore provides a quasi-judicial remedy to Vehicle
operators who are dissatisfied with decisions of the Authority.

c) Accountability of Matatus through the Respective Saccos

Under the NTSA Rules, all matatus are required to subscribe to and be
members of Saccos which would be aligned to a particular route. This was
meant to streamline operations, monitor road discipline, and guarantee
accountability.

The Saccos are self-regulated whilst the individual matatu owners must
adhere to existing Traffic laws. The need to regularize remuneration for the
Matatu operators was aimed at instilling order and for them to pay tax while
contributing to pension and medical funding models.

MOA has taken the obligation to draw together the various national and
regional PSV bodies to unite and work together. These are geared towards
forming a regional secretariat to articulate, lobby and speak with one voice in
effectively addressing pertinent issues in the transport sector.

d) Relevance of Matatu Sacco regulations to Religious organisations

Whereas the PSV Sacco sector is not the best model considering the
challenges that are still at play, the mandatory requirement for all matatu
owners to belong to a Sacco is something akin to what the Religious
organisations refer to as self-regulation.

It is however unlikely to permit, just like matatus, religious organisations to

self-govern without Government interventions because the same has
happened in the past, and has resulted in extremism and such incidents as
Shakahola.

Just as PSVs operate under a regulatory framework so should the religious

organisations in umbrella religious organisations that are still governed
and/or regulated by the Government.

46
The Government has engaged the MOA in its processes while forcing operators
to join Saccos and whipping order on the Saccos. The Saccos in return have
had to tame rogue drivers lest the whole Sacco is penalized by the
Government.

Whilst religious organisations have for the longest operated under limited
legislation and Government interventions, the extremism behaviour and
sprouting of otherwise non-anchored religious sects with uncensored
teachings, the PSVs on the other hand have had legislative interventions; laws
and regulations as well as policies to regulate their operations.

To put measures and/or tame deviant religious organisations and their

leaders, it is important to have both self-regulation - similar to the Saccos in
the matatu industry and Government controls through the establishment of
government regulators like the NTSA for PSV Sacco.

5.5 Conclusion and Recommendations

10.2.2 Conclusion

The Government has undertaken various initiatives in enhancing

administrative and regulatory frameworks for religious organisations.
However, prior national reports touching on religion were either partially
implemented, or neither adopted nor effected.

The recommendations of the Report of the Committee to Review the Societies

Act were partially implemented. In 2022, the recommendations of the
Presidential Working Party on Education Reforms formed the basis of the
Ministry of Education Circular on Religious Freedom in Schools of March 2022
which provided guidance to schools on how to manage religious tolerance and
diversity in schools. However, the Report of the Presidential Commission of
Inquiry into the Cult of Devil Worship in Kenya was never implemented.

Whilst religious organisations have for the longest operated under limited
legislation and government interventions, the extremism behaviour and
sprouting of otherwise non-anchored religious sects with uncensored
teachings requires legislative interventions to regulate their operations.

47
5.5.2 Recommendations

The Taskforce recommends:

Full implementation of recommendations of prior National Reports

touching on religion. Specifically, the Government should fully
implement the recommendations in the Report of the Committee to
Review the Societies Act, the report on Presidential Working Party on
Education Reforms and the Report of the Presidential Commission of
Inquiry into the Cult of Devil Worship in Kenya.

48
CHAPTER SIX: ANALYSIS OF COMPARABLE PRACTICES FROM SELECT
JURISDICTIONS

6.1 Introduction

The Taskforce visited countries within and outside Africa for benchmarking.
This provided insights on the form and structure of religious regulation that
had been adopted in these jurisdictions; the extent of success of these models;
and how cases of abuse of freedom of religion had been dealt with in these
jurisdictions.

The experience and the initiatives these jurisdictions had taken assisted the
Taskforce to utilize comparable lessons learnt to shape its recommendations
under its various TORs (addressed in the subsequent chapters in this report).

6.2 Jurisdictions Visited by the Taskforce

The Taskforce visited the following jurisdictions for the benchmarking visits;
namely, Tanzania, Rwanda, the United Kingdom, and the United States of
America.

6.2.1 Objectives of the Visits

The general objective of the benchmarking visits was to enhance the

Taskforce’s knowledge and understanding on the available models of
regulation of religious organisations. The Task Force not only benefited from
the experiences of these jurisdictions, but it was also able to incorporate the
best practices into the proposed legal and regulatory framework for religious
organisations.

Further, the benchmarking visits sought to realize the following specific

objectives:

1. To gather information on the design and implementation of a legal

and regulatory framework for religious organisations.

2. To interrogate the models and efficiency of systems put in place for

monitoring of religious organisations.

49
 3. To learn about prescriptions and approaches to standards, and
minimum certification requirements for religious organisations.

4. To examine religious education and civic awareness approaches that

counter religious extremism.

5. To survey reporting and enforcement mechanisms to counter

religious extremism.

6. To identify the best practices, comparable lessons, and challenges

on effective and efficient regulation of religious organisations.

The benchmarking visits which were undertaken between 25 th September and

28th October 2023 were scheduled as follows:
COUNTRY DATES
Tanzania 25th to 29th September, 2023
United States of America 1st to 7th October, 2023
Rwanda 8th to 14th October, 2023
United Kingdom 23rd to 28th October, 2023

6.2.2. Rationale for Selecting the Countries

The selection of these specific jurisdictions for the benchmarking visits was
based on the comparability of the religious aspects under study, and
similarities in constitutional arrangements. In addition to this, proximity
based on regional cooperation was also the basis for the selection of Tanzania
and Rwanda which like Kenya are members of the East Africa Community.

The selection of UK for benchmarking purposes was on the basis that Kenya’s
legal system is derived from the Common Law system. In this regard, some
of the laws of UK continue to be applied within the Kenya’s legal system.

a) The United States of America (USA)

The religious landscape in the USA indicates that majority of Americans are
of the Christian faith accounting for seventy decimal six per cent (70.6%).
Other faiths include Judaism one decimal nine per cent (1.9%), Muslim zero
decimal nine per cent (0.9%), and Hindu decimal seven per cent (0.7%). Over

50
time there has been an increasing trend of unaffiliated USA population
currently at twenty-two decimal eight (22.8%).

Engagements by the Taskforce

While in the US benchmarking visit, the Taskforce visited the following

institutions:

1. Embassy of the Republic of Kenya, Washington

2. Department of Homeland Security (DHS)

3. United States (US) International Religious Freedom

4. US Institute of Peace Security

Findings

i) Legal and Regulatory Framework

The Constitution guarantees the separation of church and state and

guarantees freedom of religion.

Generally, the framework is as follows:

1. Protects individuals' right to practice their faith without government

interference.

2. Under both federal and state laws, activities that are deemed “cultic” or
“exploitative” are prohibited.

3. Imposes limitations on harmful practices, and it also ensures

accountability for individuals or groups engaged in harmful practices.

ii) Registration of Religious Organisations

Registration is often vital to the operation of religious organisations, and

different States in the USA use various mechanisms to facilitate the
registration process. This includes submission of applications to
administrative government agencies or judicial review orders issued by the
national courts.

51
In addition, registration laws govern the acquisition of legal personality which
gives the religious groups legal rights and obligations within the legal system.
Legal personality also facilitates basic operations within religious
organisations such as the ability to own or rent property, and to operate
educational and humanitarian institutions.

In the US, religious groups are also required to collaborate with law
enforcement agencies. This facilitates investigations, ensures legal action is
taken, and provides support to victims in instances where religious leaders
engage in financial exploitation, abuse, or manipulation of vulnerable
members.

In addition to the above, the following observations were made:

1. Religious organizations s are not required to register with a central

government authority, which is specifically mandated to deal with
religious matters.

2. Religious organizations may register as non-profit entities with state

authorities for legal recognition and tax-exempt status.

3. Religious organisations generally operate under various legal

structures, including Non-profit Corporations and Religious
Associations.

4. Minimum requirements to register may vary based on the chosen legal

structure and state laws.

5. Registered non-profit religious organisations may have annual or

regular reporting requirements to maintain their legal and tax-exempt
status.

6. Regulation of religious organizations aims at countering fraudulent

and “exploitative” practices within religious organisations.

The USA Government also collaborates with law enforcement agencies to

investigate, and also address instances where religious leaders engage in

52
financial exploitation, abuse, or manipulation of vulnerable followers.
Procedures include investigation, legal action, and victim support.

iii) Safe and Secure Houses of Worship

The Department of Homeland Security, the Center for Faith-based and

Neighbourhood Partnerships, and the Faith-based Information Sharing and
Analysis Organization provide essential resources that secure both physical
and cyber infrastructure in houses of worship.

Additionally, the Cybersecurity and Infrastructure Security Agency (CISA)

ensures that the houses of worship and related facilities are safe and secure.
The 9/11 Commission Report also provides a roadmap on how the US should
adapt and respond in order to deter any future terrorist attacks. 16

b) United Kingdom

The Office of National Statistics indicated that the UK population was 67.3
million as per the 2021 census. According to the 2021 national census figures,
the religious demography indicated that forty six decimal two per cent (46.2%)
of the population in England and Wales were Christian. Of the remaining fifty
three decimal eight per cent (53.8%) of the population, six decimal five per cent
(6.5%) indicated that they were Muslim; one decimal seven per cent (1.7%) were
Hindu; decimal nine per cent (0.9%) were Sikh; decimal five per cent (0.5%) were
Jewish while decimal five per cent (0.5%) indicated that they were Buddhist.

Engagements by the Taskforce

During the benchmarking visit, the Taskforce members engaged with the
following institutions:

1. Kenya High Commission, UK

2. UK Religious Ministers.

3. Kenyan Diaspora Ccommunity in the UK.

16 [Link]

53
Findings

i) Legal and Regulatory Framework

The Human Rights Act 1998 reaffirms the European Convention of Human
Rights which provides for freedom of thought, conscience, and religion, subject
to certain restrictions that are “in accordance with law” and “necessary in a
democratic society.”

Religious freedom in the UK is therefore protected by the Human Rights Act

1998. Further, the Charities Act 2011 also regulates religious organisations
seeking charitable status while the Charity Commission supervises religious
organisations. For the provisions of the foregoing statutes, it is evident that
religious regulations intersect with equality and non-discrimination
principles.
ii) Religious Hatred and Offenses

In Northern Ireland, blasphemy and blasphemous libel remain criminal offenses

under common law. This law is only applicable to the Christian religion, and it
prohibits “composing, printing, or publishing any blasphemous libel or any
seditious libel tending to bring into hatred … any matter in Church or State.”
To date, there has been no convictions for blasphemy or blasphemous libel in
Northern Ireland.

In England and Wales, the law defines religious hatred as hatred of a group
because of its religious belief or lack thereof. The law prohibits religious
motivated hate speech and any acts intended to incite religious hatred through
the use of words, or the publication or distribution of written material. The
maximum penalty for inciting religious hatred is seven years in prison. The
penalty is higher for religiously aggravated offenses which is defined as “religious
hostility that is related to any crime”.

In Scotland, the Scottish Parliament in 2021 passed legislation that criminalized

“stirring up hate” on the basis of, inter alia, religion, or perceived religious
affiliation. Northern Ireland does not have specific hate crime laws, but
legislation allows for increased sentencing if offenses are judged to be motivated
by hostility based on religion, among other aggravating factors.

54
 iii) Registration of Religious Organization

The General Registrar’s Office for England and Wales governs the registration
and legal recognition of meeting places for religious worship. Registration is not
compulsory; however, it is an essential requirement if a place of worship is to be
utilised as a venue for marriages.

The procedure for the registration of religious organisations requires a

representative of the congregation, for example, a proprietor, trustee, or religious
head, to submit a completed application form together with a fee of £29 ($35) to
the local superintendent registrar. The General Registrar’s Office then retains a
record of the registration, assigns the place of worship a “worship number”, and
provides registration certificates to the local superintendent registrar within 20
working days.

In addition to this, registered places of worship in England and Wales are

exempted from paying taxes. They are also beneficiaries of the Country’s Gift
Aid program which allows Gift Aid charities to claim back the 25 percent basic
rate of tax already paid on donations by the donor which boosts the value of a
donation by one quarter.

iv) Religious Education (RE)

It is a legal requirement for Religious Education (RE) and collective worship to

be taught to children between the ages of three and eighteen in state-run
schools. The syllabus is determined at the local level, and specialist
schoolteachers rather than religious groups teach the content.

In England and Wales, parents may also request to have their children exempted
from RE. Although religious worship continues until students leave school at
either age 16 or 18, students may opt out of RE at age 14. State schools that
are not legally designated as religious are required to ensure that the RE
curriculum is nondenominational, and to refrain from attempting to convert
students.

RE instruction must also include the practices of principal non-Christian

religions in the Country. All schools not designated as religious, whether private

55
or state run, must maintain neutrality in their interpretation of the RE syllabus
and avoid presenting one faith or belief as greater than another.

State schools in England and Wales that are not legally designated as religious
are required to practice daily collective prayer or worship of “a wholly or mainly
… Christian character.” It is also important to note that they are also free to
hold other religious ceremonies as they choose. Schoolteachers lead these
assemblies; however, teachers, unless they are employed by faith-based schools,
may decline participation in collective worship, without prejudice. Parents also
have the legal right to request that their children should not participate in
collective prayer or worship in these state schools.

The law also permits sixth form students (generally 16 to 19 year-olds in the
final two years of secondary school) to withdraw from collective worship without
parental permission or action.

The Government requires state schools in England and Wales to consider the
practices of different religious groups when setting dress codes for students.
This includes wearing or carrying specific religious artifacts, not cutting hair,
dressing modestly, or covering the head. Guidance from the Department for
Education requires schools to balance the rights of individual students against
the best interests of the school community as a whole; it acknowledges schools
could be justified in restricting individuals’ rights to manifest their religion or
belief, when necessary, for example, to promote cohesion and good order.

In Scotland, only denominational (faith-based) schools practice daily collective

prayer or worship; however, religious observance at least six times per year is
compulsory in all Scottish schools. Religious observance is defined as
“community acts which aim to promote the spiritual development of all members
of the school’s community.” Examples of religious observance include school
assemblies and events to recognize religious occasions, including Christmas and
Easter. Parents or legal guardians may elect to have their children opt out from
this requirement, but students may not make this decision themselves.

In Bermuda, by law, students attending state schools may participate in

collective worship, characterized by educational officials as reciting the Lord’s

56
Prayer, but the law prohibits worship “distinctive of any particular religious
group.” At the high school level, students are required to take a course that
explores various religions until year 9 (ages 11-14); in years 10 and 11 (ages 15-
16), courses on religion are optional.

There are two faith-based private schools in Bermuda that operate from
kindergarten through to high school. One follows the guidance of the North
American Division of the Seventh-day Adventist Church. The other follows
principles of the Catholic Church. There is one primary school that follows
Islamic principles.

In England and Wales, the Government determines whether to establish a faith-

based school when there is evidence of demand, such as petitions from parents,
religious groups, teachers, or other entities. Faith-based schools must follow
the national curriculum but they may choose what to teach in religious studies.
Independent (private) faith-based schools are eligible to claim, “charitable
status,” which allows for tax exemptions.

The admissions criteria and staffing policies of faith-based schools in England

and Wales differs from that of state schools. If a faith-based school is not
oversubscribed, then the school must offer a place to any child, but if the school
is oversubscribed, it may use faith as a criterion for acceptance.

In Scotland, local authorities may establish a denominational school for any

denomination or faith if they are satisfied that such a school is required, either
in response to representations made to them by any church or denominational
body acting on behalf of parents, or on their own initiative. These schools are
managed in the same way as nondenominational state schools, except that a
special time may be set aside for religious services, and an unpaid religious
supervisor reports to the local authority on the religious instruction in the
school. Independent faith-based schools are eligible for some tax exemptions,
such as Gift Aid.

In Northern Ireland, almost all schools receive state support, with approximately
90 percent of students attending Protestant or Catholic schools. Approximately
seven percent of school-age children attend religiously integrated schools that

57
have admissions criteria designed to enroll equal numbers of Catholic and
Protestant children as well as children from other religious and cultural
backgrounds.

Students of different faiths in Northern Ireland may attend Protestant or Catholic

schools but they often prefer to attend the integrated schools. These integrated
schools are not secular but, according to the Northern Ireland Council for
Integrated Education, they are “essentially Christian in character, and welcome
all faiths and none.”

The core syllabus in RE is designed by the Northern Ireland Department of

Education, Church of Ireland, and Catholic, Presbyterian, and Methodist
Churches. Catholic-managed schools draw on the Catholic tradition for RE,
while other schools may draw on other world religions. It is also important to
note that, RE is compulsory in all government-funded schools, and by law each
school day must include collective Christian worship. However, students may
opt out of the RE classes and collective worship.

v) Religious Discrimination

The law prohibits discrimination on the grounds of religion or belief or the lack
of religion or belief and requires “reasonable” religious accommodation in the
workplace for employees. The Equality and Human Rights Commission (EHRC)
is responsible for enforcing legislation prohibiting religious and other
discrimination.

The EHRC researches and conducts inquiries into religious and other
discrimination in England, Scotland, and Wales. The Minister for Women and
Equalities appoints the members EHRC. If EHRC encounters a violation, it has
a range of powers at its disposal, including offering guidance or initiating court
proceedings, which may result in binding, and legally enforceable judgments.
EHRC receives government funds but operates independently. The Northern
Ireland equivalent to the EHRC is the Equality Commission.

In Northern Ireland, the law bans discrimination on the grounds of religious

belief in employment; however, schools may be selective on the basis of religion
when recruiting teachers. In the rest of the country, the law prohibits any

58
discrimination, including discrimination at the work place on the basis of
religious belief, unless the employer can show a genuine requirement for a
particular religion.

vi) Proposals by the Kenyan Diaspora Community in the UK

The Kenyan Diaspora Community in the UK also submitted views for

consideration by the Taskforce. These views were considered as part of the
memoranda submitted under the public participation process.

c) The United Republic of Tanzania (Tanzania)

Tanzania has a population of forty-three (43) million of which forty one nought
nine (41.9) million live on the mainland, and one nought three (1.3) million
on the Zanzibar archipelago. Approximately sixty two percent (62%) of the
population is Christian, thirty five per cent (35%) is Muslim, and three per
cent (3%) are members of other religious groups. Zanzibar is, however, ninety
eight per cent (98%) Muslim.

Between eighty and ninety per cent of the Muslim population is Sunni while
the remainder consists of several Shi'a subgroups which are mostly of Asian
descent. The Christian population is mostly composed of Roman Catholics,
Protestants, Pentecostals, Seventh-day Adventists, members of The Church
of Jesus Christ of Latter-day Saints (Mormons), and Jehovah's Witnesses.
Other active religious groups include Buddhists, Hindus, Sikhs, and Baha'is.

The Government of the United Republic of Tanzania (Tanzania) does not

gather religious identification data in its census as a matter of policy.
Therefore, it does not designate religion on passports or other official records
of vital statistics. However, children are required to indicate a religion on
school registration forms, to ensure that they are assigned the appropriate
religious class in schools that offer religious instruction. In some instances,
application forms for medical care at times may require one to indicate their
specific religion.

59
Engagements by the Taskforce

During the benchmarking the visit, the Taskforce undertook the following
engagements:

1. Courtesy call to the Kenya High Commissioner, Dar es Salaam;

2. Meeting with officials of the Ministry of Home Affairs;

3. Engagement session with representatives from the Interfaith Standing

Committee on Economic Justice and Integrity of Creation (ISCEJIC);

4. Meeting with the Secretary General of Baraza Kuu la Waislamu wa

Tanzania (BAKWATA);

5. Engagement sessions with representatives of various umbrella bodies,

and international bodies that partner with faith organisations;

6. Engagements with representatives of the Seventh Day Adventist

Church, and Council of Pentecostal Churches in Tanzania;and

7. Meeting with Kenyans Diaspora community in Tanzania.

Findings

The following is summary of the findings of the Taskforce during the

benchmarking visit to Tanzania:

i) Legal and Regulatory Framework

The Constitution of Tanzania provides for freedom of religion is the basis of

other laws and policies relevant to the practice of religion. Customary and
statutory laws govern Christians in both criminal and civil cases. Muslims
are governed by customary and statutory law in criminal cases; however,
Muslims in Zanzibar have a parallel system of Kadhis courts to address
matters of divorce, child custody, inheritance, and other matters covered
under customary Islamic law.

ii) Registration of Religious Organisations

60
Religious organisations must register with the Registrar of Societies at the
Ministry of Home Affairs on the mainland, and with the Chief Government
Registrar in Zanzibar. Religious organisations must have at least ten
followers to register, provide a written constitution, resumes of their leaders,
and a letter of recommendation from their District Commissioner. In addition,
groups registering in Zanzibar must provide a letter of approval from a muslim
religious leader or mufti.

In the mainland, the BAKWATA elects a mufti, the community's religious

leader. In Zanzibar the mufti is appointed by the President of Zanzibar under
the 2001 Mufti Law. He serves both as a leader of the religious community,
and as a public servant assisting with local governmental affairs.

In Zanzibar the mufti nominally approves all Mosques, and all Islamic
activities and gatherings in Zanzibar. The Zanzibar mufti possesses the
authority to approve religious lectures, to settle some religious disputes
involving Muslims. Under the 2001 Mufti Law, Zanzibar's mufti was able to
recommend that the Chief Government Registrar approve or deny the
registration of any Islamic organization.

iii) Religious Education

Public schools may teach religion although it is not part of the national
curriculum. Occasionally, parents or volunteers can be allowed to teach
religion. However, the school administration and/or parent and teacher
associations must approve the religious classes.

Many private schools and universities in Tanzania are associated with the
Muslim and Christian religions.

d) .Rwanda

61
Rwanda’s fifth Population and Housing Census (PHC) conducted in 2022
indicated that most of Rwanda’s population belonged to various Christian
denominations including Roman Catholic, Protestants, and Evangelicals.
Members of the Muslim religion constituted two per cent (2%) of the population
while less than three per cent (3%) was made up of smaller numbers of Baha’is,
animists, and a small Jewish community who are mainly foreigners.
Approximately three percent (3%) of the population does not embrace any
religion

Engagements by the Taskforce

The Taskforce visited and engaged with the following institutions during the
benchmarking visit to Rwanda:

1. Embassy of the Republic of Kenya in Kigali;

2. Rwanda Cooperation Initiative (RCI);

3. Ministry of Local Government;

4. Parliamentary committee in charge of political affairs and Gender;

5. Rwanda Governance Board (RGB);

6. Rwanda Law Reform Commission; and

7. Joint Action Development Programme (JADF), Nyanza District.

Findings

i) Legal and Regulatory Framework

Rwanda is a secular state as provided for in its Constitution. However, the

right to religion and freedom of worship is guaranteed by Article 37 of the
Rwandan Constitution of 2003 as amended in 2015. Discrimination on the
basis of religion or faith is prohibited and is punishable by law.

Faith-based organisations in Rwanda are classified into the following

categories:

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 1. Organisation – This is a faith-based organisation referred to as
religious denomination.

2. Ministry – A faith-based affiliation to an organisation that conducts

development-oriented activities.

3. Umbrella – A union of organisations with legal personality.

ii) Registration of Religious Organisations

The following are common procedures for starting and registration of Faith
Based Organizations (FBOs)
1. Application letter addressed to the Chief Executive Officer of RGB;

2. A letter issued by the district authorities agreeing to collaborate with

the organisation and also certifying that any proposed church
construction meets standards of that area;

3. Notarized statutes of the FBO;

4. The names of the Legal Representative and his or her Deputy Legal
Representative, their responsibilities, full address and their
biographical information (CVs);

5. The non-criminal records certificate of the Legal Representative and of

his or her Deputy Legal Representative;

6. A statement certifying that the Legal Representative and the Deputy

Legal Representative were appointed in accordance with the
organisation’s statutes (Declaration);

7. The Legal Representative should possess a bachelor’s degree in

religious studies or any bachelor’s degree with a valid certificate in
religious studies issued by a recognized institution;

8. A brief notarized document explaining the doctrine of the organisation

(Statement of faith);

9. Notarized minutes of the General Assembly that established the

organization, approved its statutes, and appointed members of the
organs;

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 10. An annual action plan of the organisation with its source of budget;

11. A document of partnership issued by one of the umbrellas bodies of own

choice; and

12. Proof of online payment of a non-refundable fee of 300.000 Frw .

iii) Role of Rwanda Governance Board (RGB)

1. The Rwandan Constitution guarantees the freedom of thought,

conscience, religion, worship, and their public manifestation in
accordance with the law.

2. The general limitation of rights clause is contained in Article 41.

3. The “Law determining the organisation and functioning of faith-based

organisations (No.72/2018 of 31/08/2018)” (FBOs Law) is the principal
legislation governing religious organisations.

4. RGB is responsible for registering and monitoring the operations of the

FBOs

5. RGB oversees, inter alia,:

a. Requirements for membership of FBOs; activities of FBOs;

b. Financial autonomy of FBOs;

c. Requirement for submission of annual activity reports and

budget execution reports;

d. Requirements for appointment as a preacher; and

e. Requirements relating to places of worship among others.

iv) Infrastructure, Environmental standards

The Rwanda Government has ensured that FBOs strictly adhere to standard
requirements with regard to infrastructure, environmental protection (noise
pollution), as well as public health and safety.

Joint Action Development Forum (JADF)

64
The Joint Action Development Forum (JADF) is the platform for joint
planning, accountability, and proper implementation of socio-economic
development programs in Rwanda. In line with its mission JADF ensures “a
sustainable socio-economic development and improved service delivery for
Rwandan communities through active participation, dialogue, and
accountability by sharing information, effective coordination of stakeholders’
interventions in decentralized entities".

The Taskforce visited JADF Nyanza District to learn how the decentralized
system operates regarding the registration and monitoring of religious
organisations.

6.3 Jurisdictions Studied by the Taskforce

In addition to visiting select jurisdictions, the Taskforce also undertook an

analysis of secondary sources with respect to the regulation of religious
organisations in three African countries: Zambia, South Africa and Nigeria. In
the following paragraphs for the rationale for selection of each of the three
jurisdictions is outlined.

The Zambian constitution states that the country is a Christian Nation.

Nonetheless, the Constitution guarantees equal rights including the freedom
of religion to all persons. Zambia was particularly selected due to the fact
that it has a robust oversight model for religious organisations under through
umbrella bodies. It was therefore necessary to examine this self-regulation
model to understand how it can inform the oversight of religious
organisations.

Nigeria has for a long time experienced challenges of proliferation of religious

organisations and has also had to deal with religious extremism attributed to
groups professing Islamic faith (Boko Haram) in the northern part of the
Country. The Taskforce, therefore, conducted a desktop analysis in order to
assess how Nigeria has dealt with these two challenges, namely, the
proliferation of religious organisations, and religious extremism. The following
sub sections outline the relevant lessons for Kenya in respect of each
jurisdiction.

65
6.3.1 Zambia

The Zambia's Statistics Agency (ZamStats) reported that the population of

Zambia as per the September 2022 census was nineteen nought six (19.6)
million, of which ninety five nought five per cent (95.5%) were Christians,
seventy five nough three (75.3%) were Protestants, and twenty nought two per
cent (20.2%) were Roman Catholics. Protestant groups in Zambia have the
largest numbers of adherents who include the Anglicans, evangelicals, and
Pentecostals.17

According to ZamStats, approximately two nought seven per cent (2.7%) of

the population is Muslim, with smaller numbers of Hindus, Baha’is,
Buddhists, Jews, and Sikhs. Even smaller numbers adhere to other belief
systems, including indigenous religions, or hold no religious beliefs. Many
persons combine Christianity and indigenous beliefs.

a) Legal Framework on Religious Regulation

Article 19 of the Zambian Constitution protects the freedom of thought and

religion including the right to manifest and propagate religion. A law limiting
these freedoms is permitted where it is aimed at protecting the rights and
freedoms of other persons.18

The Societies Act, Cap 119 of the Laws of Zambia largely regulates the
registration and operation of societies. Unless exempted all religious
organisations must be registered by the office of the Registrar of Societies. If
the provisions of the Act are not adhered to, a religious entity may be de-
registered or its registration application denied.19

17 US Department of State, 2022 International Religious Freedom Report: Zambia, Office of

the International Religious Freedom.
18 Constitution of Zambia, art 19(5)(b)
19 Abraham Mwansa, Law, religion and human rights in Zambia: The past, present and the

practice, Africa Law Journal 2008.

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The Registrar of the Societies has the discretion to cancel at any time the
registration of any society if he is satisfied that the society has among its
objects, or is likely to pursue or to be used for, any unlawful purpose or any
purpose prejudicial to or incompatible with the peace, welfare or good order
in Zambia.20

b) Approach to Religious Regulation 21

All religious organisations are required to affiliate with an umbrella religious

organisation, often referred to as “mother body” which brings together
individual churches and denominations under one administrative authority.

There are fourteen mother bodies: seven Christian and seven non-Christian.
The seven Christian mother bodies include the Zambia Conference of Catholic
Bishops (ZCCB), Council of Churches in Zambia (CCZ), Evangelical
Fellowship of Zambia (EFZ), which are the largest mother bodies in the
Country. The others are the Independent Churches of Zambia, Apostles
Council of Churches, Seventh-day Adventist Church, Christian Missions in
Many Lands.

The seven non-Christian mother bodies include the Islamic Supreme Council
of Zambia (ISCZ), Hindu Association of Zambia, Guru Nanak Council of
Zambia, Jewish Board of Deputies Zambia, Rastafarians, Council for Zambia
Jewry, and Baha’i Faith in Zambia.

The law provides for privileged tax treatment for public benefit organisations,
including religious groups, provided they are established for the promotion of
religion, education, and relief of poverty or other distress. Foreign religious
groups must provide proof of legal registration as a religious group in their
country of origin, a recommendation letter from their aligned mother body,
and clearance from clergy in the country of origin. This documentation is
presented to the Department of Immigration.

20 The Societies Act of Zambia, Section 13 (1).

21 A significant portion of this part is directly drawn from the US Department of State’s Office
of International Religious Freedom’s 2022 Report on International Religious Freedom focusing
on Zambia.

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 c) Relevance of Zambia’s Regulatory Approach for Kenya

Although Zambia formally identifies as a Christian nation, its constitution

protects the freedom of religion and various faiths co-exist in the country.
Some of Zambia’s regulatory approaches that offer relevant lessons to Kenya
include:

1. Requires that all religious organisations should affiliate with an

umbrella religious organisation referred to as a “mother body”.

2. To register, a religious organisation must have a recommendation letter

from its mother body.

3. Requirement that to register a religious organisation must present the

relevant clergy’s professional qualification certificate obtainable from a
“recognized and reputable” theological school. This allows for training
of clergy in institutions specialized for the kind of skill the sector
requires without necessarily going through the formal education
system.

4. Privileged tax treatment for religious organisations granted on the

condition that they are established for the promotion of charitable
courses including education and the relief of poverty or other distress.

5. Like Rwanda, minimum requirements for foreign clergy wishing to

operate in Zambia. The foreign clergy are required to provide proof of
legal registration of their religious groups in their country of origin, a
recommendation letter from their aligned mother body, and clearance
from clergy in their country of origin.

6.3.2. South Africa (SA)

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South Africa’s (SA) population was reported to be 60,490,454 as at August
2023. SA has diverse religions, with a wide range of beliefs and practices
across the population. Christianity is the largest religion, with a significant
presence of various denominations including Protestants, Roman Catholics,
and Anglicans. Traditional African religions and ancestor worship also have
a significant following, often intertwined with Christianity in syncretic forms
(See the pie chart below).

Traditional Islam
African religions
No religion AIC

Non-denominational
Christianity

Other Christian
denominations

Other protestant Pentecostalism

churches
Anglicanism
Methodism Catholicism
Calvinism

a) Legal and Regulatory Framework on Religious Regulation

While the SA Constitution22 does not explicitly separate state and religion, it
nonetheless guarantees the freedom of conscience, religion, thought, belief
and opinion. It further prohibits the state from unfairly discriminating either
directly or indirectly against anyone on the basis of, among other grounds,
religion, conscience or belief. It is not clear, however, who decides what would
be classified as fair or unfair discrimination.

22The Constitution of the Republic of South Africa, 1996 accessible at

[Link]
feb-1997. See articles 9(3), 15(1), 15(2)(a)-(c), 16(2)(c), 31(1), 181, 185 and 186.

69
Although the Constitution permits religious observances to be conducted at
state or state-aided institutions, it imposes conditions on such observances.
These include the requirements that: the observances should follow rules
made by appropriate public authorities; they be conducted on an equitable
basis; and that attendance at the observances be made free and voluntary.

The freedom of expression is limited by the Constitution to only such

expression as would not advocate hatred based on religion. The Constitution
explicitly prohibits any denial to members of a religious community of their
right to practise their religion and to form, join and maintain religious
associations and other organs of civil society.

The SA Constitution further establishes the “Commission for the Promotion

and Protection of the Rights of Cultural, Religious and Linguistic
Communities” as an independent constitutional commission (otherwise
referred to as “State Institutions Supporting Constitutional Democracy”). The
composition of the Commission is required to be broadly representative of,
inter alia , the main religious communities in SA.

The Commission is tasked with:

1. Promoting respect for the rights of, among others, religious

communities; and

2. Promoting and developing peace, friendship, humanity, tolerance, and

national unity, among others, religious communities, based on equality,
non-discrimination and free association.

The Commission is constitutionally empowered to monitor, investigate,

research, educate, lobby, advise and report on issues concerning the rights
of, inter alia, religious communities. Other powers, including details of its
composition and appointment are to be provided under national legislation.

The SA Constitution allows for the limitation of rights and freedoms in a

similar manner as contained in the Chapter on the Bill of Rights in the
Constitution of Kenya. .

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 a) Approach to Religious Regulation

SA is a secular state and its approach to the regulation of religion is anchored

in its Constitution, which guarantees freedom of religion and belief. The
state promotes an environment where religious groups operate freely within
the law, while measures are put in place to address concerns related to
“cultic” and “exploitative” practices. Key elements of this approach include:

1. Legislation: The Promotion of Equality and Prevention of Unfair

Discrimination Act, among other legal provisions, prohibits
discrimination based on religion, and protects individuals from abusive
religious practices.

2. Religious organisations: Religious organisations are required to register

with relevant government bodies, providing transparency and
accountability while safeguarding individuals from potential harm.

3. Oversight Agencies: Various government agencies, such as the

Commission for the Promotion and Protection of the Rights of Cultural,
Religious, and Linguistic Communities, are tasked with monitoring and
addressing issues related to religious practices.

SA's approach to regulating religious groups encourages voluntary

registration under the Non-Profit Organisations Act. Registration offers
certain legal benefits, and ensures transparency on the activities of the
religious organisation, besides, offering legal recognition to the organisation.
The choice of legal association structure depends on the organisation's goals
and preferences. Regular reporting to the Department of Social Development
helps maintain transparency and accountability within the religious sector.

The principal law that pertains to the registration of religious groups in SA is

the Non-Profit Organisations Act, 1997. Religious groups usually adopt legal
association structures such as non-profit companies, trusts, or voluntary
associations (commonly referred to as societies). The choice of structure
depends on the organisation's goals, governance model, and objectives.

71
Some religious groups choose to register as non-profit companies under the
Companies Act, 2008. This structure provides a formal legal personality to
the organisation.

Religious organisations can be established as trusts, where a board of

trustees manages the organisation's affairs for the benefit of its members or
the beneficiaries.

Religious organisations may also operate as Voluntary Associations

(Societies). This is a common structure for religious groups. Voluntary
associations are governed by their own constitutions and elected leadership.
They offer flexibility but lack the legal personality.

The requirements for registering a religious organization can vary based on

the chosen association structure. However, common elements for registration
might include:

1. Name: A unique name that does not conflict with existing entities.

2. Constitution: A written constitution outlining the organisation's

purpose, structure, membership, leadership, decision-making
processes, and dissolution procedures.

3. Registered Address: A physical address where the organisation can be

contacted.

4. Leadership: The names and addresses of the organisation's leaders or

trustees.

5. Objectives: A clear statement of the organisation's religious objectives,

activities, and how it plans to benefit its members or the community.

6. Annual or Regular Reporting Requirements: Registered religious groups

are generally required to submit annual or regular reports to the
Department of Social Development, which oversees non-profit
organisations. These reports often include financial statements, details
of activities undertaken during the reporting period, changes in
leadership, and any updates to the organisation's constitution.

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 b) Challenges in Implementation

Despite the well-intentioned approach, several challenges hinder the effective

implementation of the law against “cultic” and “exploitative” practices. Some
of the identified challenges include:

1. Defining “cultic” Practices: Determining what constitutes “cultic”

practices can be complex, as religious beliefs and practices can vary
widely. Striking a balance between religious freedoms and preventing
harm has proved to be challenging.

2. Freedom of Religion: Balancing the preservation of freedom of religion

with the prevention of harm to the society is a delicate task. Excess of
regulation by the state may infringe upon individuals' rights, while
under-regulation could lead to abuse of the Freedom of religion. .

3. Lack of Resources: Adequate resources are needed for oversight

agencies to effectively monitor, and address concerns related to “cultic”
and “exploitative” practices. Such resources are never adequate.

4. Inadequate Reporting: Victims of “cultic” and “exploitative” practices

may fear retribution or isolation, leading to underreporting of incidents.

To address these challenges, SA employs a multi-pronged approach:

1. Public Awareness: Educating the public about potential signs of “cultic”

and “exploitative” practices enables individuals to identify and report
suspicious activities.

2. Collaboration: Strengthening collaboration between government

agencies, law enforcement, and religious communities helps share
information and address concerns effectively.

3. Balancing Act: Continuously refining regulations to strike a balance

between freedom of religion and public safety, while ensuring clear
definition of harmful practices.

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 4. Support for Victims: Providing support systems for victims and survivors
of “cultic” practices encourages reporting and helps individuals rebuild
their lives.

6.3.3 Nigeria

Nigeria’s Population is estimated to be about 225.1 million. According to a

2015 Pew Research Centre Report, fifty percent (50%) of the population are
Muslims, forty eight nought one percent (48.1%) are Christian with
approximately two percent (2%) belonging to other or no religious groups. It
is also reported that many individuals combine indigenous or traditional
practices with Islam or Christianity.

a) Legal and Regulatory Framework on Religious Regulation

The Constitution guarantees the freedom of thought, conscience and religion.

This extends to the freedom to change one’s religion or belief as well as the
freedom to manifest and propagate one’s religion or belief. It prohibits
educational institutions from compelling learners to take religious instruction
or to attend or observe religious ceremonies other than their own or those
approved by parents or guardians.

However, the Constitution prohibits any person from taking part in the
activity or from being a member of a secret society in the pretext of exercising
their freedom of thought, conscience, or religion.

The Constitution, also, allows the passing of legislation which though limiting
this freedom, is reasonably justifiable in a democratic society in the interest
of defence, public safety, public order, public morality, public health or for
the purpose of protecting the rights and freedoms of other persons.

Religious organisations in Nigeria are not required to register but doing so is

encouraged for several reasons, which include legal recognition,
accountability, and transparency. Although this is not a requirement for all
religious groups to register, doing so offers benefits and legal safeguards.

74
The principal law for the registration of religious groups in Nigeria is the
Companies and Allied Matters Act (CAMA). Religious groups can choose from
various association structures under the Act.

Registered religious organisations are usually required to submit annual or

regular reports to the appropriate regulatory bodies. These reports often
include information about the organisation's activities, financial statements,
changes in leadership, and updates to the organisation's constitution.

b) Approach to Religious Regulation and Challenges

The goal of guaranteeing peaceful cohabitation while averting religion-based

conflicts informs Nigeria's approach to religious regulation. Important
components of the regulatory strategy include:

1. Government Oversight: Regulatory agencies, such as the Nigerian Inter-

Religious Council (NIREC), facilitate dialogue between religious groups,
and provide a platform for addressing potential conflicts.

2. Laws and Legislation: Nigeria has laws prohibiting religious

discrimination and incitement of violence based on religion. The
Religious Discrimination (Prohibition) Act of 2021, for instance, seeks
to curb acts of religious discrimination.

3. Collaboration between Government and Religious Leaders: Government

agencies collaborate with religious leaders to address issues of “cultic”
and “exploitative” practices. Joint efforts facilitate understanding and
encourage compliance.

Despite the expressed intentions above, several challenges exist in effectively

implementing laws and regulations applicable to religion:

1. Inter-religious Tensions: Nigeria has experienced inter-religious

tensions, leading to violent conflicts between religious groups. The
Boko Haram insurgency, rooted in religious extremism, exemplifies this
challenge.

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 2. Extremism and Sectarianism: Radical elements within religious
communities can exploit grievances, and manipulate religious
sentiments, leading to violence.

3. Inadequate Resources: Regulatory bodies may lack resources for

effective oversight, monitoring, and conflict resolution.

4. Cultural Factors: Addressing deeply ingrained cultural practices

intertwined with religious beliefs can be intricate. For example, issues
like female genital mutilation or child marriage can involve both
cultural and religious dimensions.

5. Lack of Clarity: Defining what constitutes a "cultic" or "exploitative"

practice can be ambiguous, leading to challenges in identifying and
addressing these activities.

6. Enforcement Disparities: Enforcement efforts may vary across regions

due to factors such as resource allocation and local priorities.

To address these challenges, Nigeria employs a variety of approaches:

1. Interfaith Dialogue: Platforms like NIREC foster dialogue and

understanding between religious communities to promote mutual
respect and peaceful coexistence.

2. Community Engagement: Local leaders and religious figures play a

pivotal role in promoting tolerance and addressing religious tensions at
the grassroots level.

3. Education and Awareness: Initiatives to raise awareness about the

distinction between religious practices and harmful acts help combat
misinformation.

4. Legal Enforcement: Enforcing laws against discrimination based on

religion and incitement to violence ensures accountability.

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 5. Owing to Nigeria’s diverse population and religious landscape, "cultic"
and "exploitative" acts must be regulated in a vigilant and flexible
manner. Nigeria strives to address these issues while preserving
freedom of religion and public safety through fostering discourse,
bolstering legal frameworks, and improving resource allocation. The
path to effective implementation is still being travelled, highlighting the
necessity of cooperation between religious organizations, government
agencies, and members of the public in order to guarantee the peaceful
coexistence of religious activities in the nation.

c) Relevance of Nigeria’s Regulatory Approach for Kenya

Nigeria has an extensive experience in dealing with religious extremism hence

its approaches to the regulation of religious organisations bears significance
for Kenya. Some features of Nigerian regulatory framework which are relevant,
and therefore of interest to Kenya include:

1. Nigeria prohibits educational institutions from compelling learners to

take religious instruction or to attend or observe religious ceremonies
other than their own or those approved by parents or guardians.

2. The Nigerian regulatory agency (Nigerian Inter-Religious Council)

facilitates dialogue between religious groups and provides a platform for
addressing potential conflicts.

3. Religious leaders in Nigeria work closely and collaborate with government

agencies in addressing cultic and exploitative practices.

4. Nigeria’s regulatory body faces the challenge of inadequate resources in

discharging its mandate.

5. Lack of clarity in the definition of what constitutes cultic or exploitative

practices has posed a challenge to Nigeria challenges in identifying and
addressing these activities.

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6.4 Lessons Relevant to Kenya

The Taskforce gathered useful lessons from the benchmarking visits, which
are relevant to the thematic areas as derived from the Taskforce’s TORs and
as outlined below.

6.4.1Legal and Regulatory Framework

With respect to the formulation of the legal and regulatory framework, the
following relevant lessons were noted:

1. The need for enactment of a distinct law focusing on religious matters.

2. Need to establish a body/commission to oversight religious

organisations.

3. Need to permit Umbrella bodies to facilitate self-regulation by religious

organisations.

4. The need to regulate religious content in the media.

6.4.2Minimum Standards and Certification Requirements

The Taskforce observed that minimum standards and certification

requirements should be managed by umbrella bodies.

6.4.3Education and Civic Awareness

With regard to the civic education and civic awareness, the following lessons
were noted:

1. Need for creation of awareness on digital media/social media.

2. Need for provision of civic education on religious extremism.

3. Need for enhancement of religious education in schools.

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6.4.4Reporting and Enforcement Actions

The Taskforce noted the importance of enhancing a multi-sectoral approach

on mechanisms for reporting and enforcement of regulations and guidelines
applicable to religious organizations.

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 CHAPTER SEVEN: MINIMUM STANDARDS AND CERTIFICATION
REQUIREMENTS

7.1 Introduction

Standards and minimum certification requirements for religious

organisations and leaders are critical prerequisites for the registration and
monitoring of religious organisations.

This chapter presents findings and makes recommendations on the standards

and minimum certification requirements for religious organisations and
leaders as per the TOR (f) of the Taskforce, which requires the Taskforce to
formulate proposals on standards and minimum certification requirements
for all religious organisations and leaders for them to be allowed to register
and operate in Kenya.

The chapter examines the current legal regime that provides for the
registration of religious organisations and the prerequisites for religious
leaders. It also examines global practices on standards and minimum
certification requirements. This is meant to draw important lessons on which
to anchor any recommendations.

The chapter also discusses the key findings by the Taskforce drawn from
presentations by the members of the public during the public participation
fora as well as collated views drawn from written and electronic memoranda
received and touching on TOR “f”.

7.2 The Existing Framework on Minimum Standards and Certification

Requirements
7.2.1 The Societies Act

Registration and control of religious organisations in Kenya is primarily

regulated under the Societies Act, Cap 108 of the Laws of Kenya (the Act),
specifically, under section 9 of the Act and rule 2 of the Societies Rules of
1968. The Act provides for the registration and control of societies.

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Section 9 of the Act provides that every society shall, in the prescribed manner
and within twenty-eight days after the formation thereof, make an application
to the Registrar for registration or exemption from registration under the Act.

Section 10 of the Act provides for the manner of effecting registration or

exemption from registration.

Rule 2 of the Societies Rules provides that every application made for
registration or exemption from registration under section 9 of the Act shall:

1. Be made in duplicate in Form A in the Schedule to the Rules;

2. Be type-written;
3. Be signed by three of the officers of the Society;
4. Be sent to the Registrar together with the prescribed fee.

Be accompanied:

1. Subject to any direction of the minister by two type-written or printed

copies of the constitution or rules of the society; and
2. By a notification in duplicate of the situation of the registered office and
postal address in Form B in the Schedule of the Rules signed by the
officers of the society.

7.2.2. Analysis of the Legal Framework

Sections 9 and 10 of the Act and Rule 2 of the Societies Rules, give discretion
to the Registrar to exempt a society from registration. Section 51 of the Act
confers further discretion on the Registrar to exclude exempted societies from
any or all provisions of the Act.

Additionally, the Act does not establish minimum standards and minimum
certification requirements before registration of religious organisations. The
Act also gives power to an applicant to unilaterally select the three officials to
serve in the society without proper due diligence and this may create
possibility of abuse.

Further to this, and from the registration requirements provided by the law,
religious societies have been grouped with all other Societies.

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7.2.3. Religious Moratorium

Over the last decade, Kenya has had a continuous debate over the regulation
of its ever-expanding religious and faith-based organisations.

Events of hypocritical abuse of power by some religious leaders, and of

emerging cults coalesced with security concerns regarding religious
extremism, led to the proposal to tighten regulatory control over the religious
sector.

It is against this backdrop that on 11th November 2014 the then Hon. Attorney
General, Prof. Githu Muigai, declared a moratorium on the registration of
religious organisations.

The declaration of the moratorium was followed by intense lobbying and

consultations between the Government and stakeholders in the religious
sector. This led the government through the office of the Attorney General to
come up with the Societies (Religious Societies) Rules, 2015 which were
famously known as the “Githu Rules.”

The purposes of these rules was to streamline religious organisations, weed

out those who had exploited the law to commercialize places of worship and
control places of worship from being used as recruitment centres for
extremists. Further, it was intended to prescribe qualifications and standards
of conduct for religious leaders and to provide a framework for inspection and
oversight of religious organisations.

It is imperative to note that under the current law, there is no requirement for
the registration of Umbrella Religious Organisations. However, in the
proposed Societies Rules of 2015, it had defined, and provided for registration
requirements for Umbrella Religious Organisations and also listed its core
mandate of an umbrella religious organisation.

Religious Organisations seeking registration would have been required to

submit a list of all its leaders, including a copy of their personal identification
numbers (PIN), national identity cards, and passport photographs.

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However, the regulations were met with brute force and mass condemnation
by stakeholders as it was seen as a ploy by the Government to muzzle and
control religious organisations leading to shelving of the proposed regulations.

7.2.4. The Current Status

The moratorium was in place for eight (8) years before it was lifted in 2022
after wide Government and stakeholder consultations. Subsequently,
the office of the Attorney General through the Registrar of Societies published
additional administrative guidelines for registration of the religious
organisations in 2022.

The administrative guidelines published in 2022 provided that in addition to

the requirements for registration provided under Rule 2 of the Societies Rules,
1968 every application made for registration of a religious society under
Section 9 of the Societies Act (Cap 108) shall be accompanied by the following
documents:

1. A copy of the national identification card, KRA (PIN) certificate, and one
passport photograph from each officer of the society.

2. Telephone numbers and email address of each officer of the society.

3. A certified copy of a certificate, a diploma, or a degree in theology from

a recognized theological institution from at least one officer of the
society.

4. Certificate of good conduct from the NPS from each officer of the society,
under section 23 of the Societies Act.

5. A tax compliance or exemption certificate from KRA from each officer of

the society, under section 23 of the Societies Act.

6. An affidavit sworn by each officer indicating whether they are registered

members or officers of other religious societies and the names of such
societies.

7. An introduction/recommendation letter from a registered religious

society in good standing signed by any two officers of such society.

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 8. List of the members of the society indicating their full names, National
Identification numbers, and phone numbers of each member.

The guidelines published herein above attempt to a degree to enforce order in

the religious sector and address the issues of standards and minimum
certification for the registration of all religious organisations and leaders for
them to be allowed to operate in Kenya.

7.3 Global and Regional Context

The world has cultivated the best of religious rights protections but witnessed
the worst of religious rights abusers.

Religion plays a significant role in international systems. Most countries in

the world have adopted religious liberty and freedoms.

In Africa, most countries have allowed their people to have religious freedom
and all of them enjoy freedom of worship and congregation. However, limited
regulations have been erected to restrict this freedom.

United States of America

a) Legal Framework

In the USA, freedom of religion is a constitutionally protected right and

provided in the religion clauses of the First Amendment.

The Bill of Right provides that "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof..."

The interpretation of religious freedom in the USA has changed over time and
has continued to be controversial as there has been a long-term trend towards
increasing secularization of the country.

Several American states had their official state churches both before and after
the First Amendment was passed. However, by 1820, they had been
disestablished.

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Further to the above, teacher-led publicschool prayer was abolished in 1962,
but military chaplaincy remains to the present day.

The USA Constitution addresses the issue of religion in two places:

1. In the First Amendment; and

2. Article VI which provides for the prohibition on religious tests as a

condition for holding public office.

The First Amendment prohibits Congress from making a law "respecting an

establishment of religion or prohibiting the free exercise thereof". This
provision was later expanded to state and local governments, through the
incorporation of the First Amendment.

The "Establishment Clause," stating that "Congress shall make no law

respecting an establishment of religion," is generally read to prohibit the
Federal government from establishing a national church ("religion") or
excessively involving itself in religion, particularly to the benefit of one religion
over another.

Following the ratification of the Fourteenth Amendment to the United States

Constitution and through the doctrine of incorporation, this restriction above
herein is held to apply to state governments as well.

The "Free Exercise Clause" states that Congress cannot "prohibit the free
exercise" of religious practices.

The Supreme Court of the United States has consistently held that the right
to free exercise of religion is not absolute.

b) Registration Requirements

In the USA, religious groups are not required to register with a central
government authority specifically for religious purposes.

Unlike some other countries, in the USA there is no nationwide requirement

for religious organisations to register. However, they are required to register

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as non-profit entities with state authorities for legal recognition and tax-
exempt status.

Requirements for religious organisations to register may vary based on the

chosen legal structure and state laws. The common elements might include:

i) Non-profit corporations

For non-profit corporations, registration typically involves

submitting articles of incorporation to the relevant state authority.
This document outlines the organisation's purpose, governance, and
other essential details.

ii) Tax-exempt religious organisations

They are generally required to file Form 990 annually with the
Internal Revenue Service (IRS). This form provides information about
the organisation's activities, finances, and governance.

iii) Some states require non-profit organisations to file annual reports

with state agencies. The requirements can vary depending on the
State.
c) Offences and Penalties

Any person who intentionally defaces, damages, or destroys any religious real
property, because of the religious character of that property, or attempts to
do so; or intentionally obstructs, by force or threat of force, including by threat
of force against religious real property, any person in the enjoyment of that
person’s free exercise of religious beliefs, or attempts to do so shall be
punished with a fine by this title, imprisonment for not more than 3 years, or
both.

South Africa

a) Legal Framework

The Constitution of SA provides for freedom of religion and belief, including

the right to form, join, and maintain religious associations. It prohibits

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religious discrimination and specifies freedom of expression does not extend
to the advocacy of hatred based on religion.

The Constitution further permits legislation recognizing systems of personal

and family law to which persons professing a particular religion adhere.

The Constitution also allows religious observance in state or state-supported

institutions, provided they are voluntary and are conducted on an equitable
basis. These rights may be limited for reasons that are “reasonable and
justifiable in an open and democratic society based on human dignity,
equality, and freedom” and take account of “all relevant factors.

The Constitution establishes and governs the operation of the Cultural,

Religious and Linguistic Communities (CRL), which fosters the rights of
communities to freely observe and practise their cultures, religions, and
language.

The CRL is an independent national government institution whose chair is

appointed by the President and whose commissioners include members of the
clergy, scholars, and politicians, among others.

b) Registration Requirements

There is no legal requirement for registration of religious groups.

However, registered religious and other non-profit groups may qualify as

public benefit organisations, allowing them to open bank accounts and
exempting them from paying income tax.

To register as a public benefit organisation group, one must submit:

1. A non-profit organisation application;

2. A Constitution;

3. Contact information;

4. A List of officers;

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 5. Documentation stating, that they meet a number of prescribed
requirements that largely ensure accounting and tax compliance, to the
provincial social development office;

6. Annual reports on any changes to this information;

7. Important achievements;

8. Extract of minutes of Meetings;

9. Financial information; and

10. An accountant’s report.

c) Education Requirements and Qualifications for Religious Leaders

Qualification standards in SA are regulated by the South African

Qualifications Authority.

Currently, in SA, there are no formally recognized qualifications for religious

practitioners apart from the Higher Education qualifications registered
through the different tertiary educational institutions.

However, recently SA has come up with new qualification frameworks where

occupational certificate training programs for all religious leaders will be
introduced to offer proper training and develop a relevant set of competencies.

The new qualifications will provide quality training with the appropriate
content and focus that will be accessible to large numbers of presently
untrained ministers of religion. Quality training linked to the development of
professional standards and a system of professional oversight will go a long
way to protect communities against irresponsible persons who misuse their
position as spiritual leaders in the community.

The new qualification is not intended to replace existing Theology

qualifications on the tertiary level but will fill the gap in the need for
qualification for a large number of religious leaders and other persons who
want to function as ministers of religion but do not have access to Higher
Learning.

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The qualification will serve this need as well by providing access to Higher
Qualifications. The training will be of a nature that will address the
competencies required to effectively direct and conduct ministry functions
whilst also making provision for the various unique theological nuances of the
various religious traditions.

The Occupational Certificate will be accessible to existing spiritual leaders

who did not have the benefit of proper training in the past, and who do not
have access to tertiary training at universities or private training institutions.
It will also be accessible to newcomers to the profession who want to be
trained as religious leaders, but who do not have access to tertiary training or
who prefer to go the occupational training route.

There will also be Recognition of Prior Learning (RPL) by religious leaders.

All Accredited providers for the occupation training certificate programs must
apply the internal assessment criteria specified in the related curriculum
document to establish and confirm prior learning.

Among other considerations, the religious leader should possess and exhibit
knowledge of the Holy book and interpretation of the holy book, basic religious
concepts, and religious ethics.

d) Offences and Penalties

The Racial and Religious Hatred Act 2006 came into force on 1 October 2007,
it created new offences of stirring up religious hatred, which are significantly
different from the race hate offences contained within Part III of the Public
Order Act 1986. The Act defines “religious hatred” as hatred against a group
of persons defined by reference to religious belief or lack of religious belief.

The offence is committed if:

1. A Person uses threatening words or behaviour, or displays any written

material, which is threatening, if he intends thereby to stir up religious
hatred.

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 2. A person is in possession, publication, or distribution of inflammatory
material. The offence can be committed in a public or private place, but
not within a dwelling, unless the offending words and behaviour were
heard outside the dwelling and were intended to be heard. The
defendant must intend to stir up religious hatred;

Prosecutions for this offence require the consent of the Attorney General and
are dealt with under the same arrangements as offences of inciting racial
hatred. Prosecutors should consult the Referral of Cases and the Consents to
prosecute, legal guidance.

Rwanda

a) Legal Framework

In 2018 the Rwandan Parliament passed a law to regulate FBO which replaced
the Act that was in operation, and which was not robust enough to regulate
religious organisations in Rwanda.

Lawmakers argued that the new legislation would create order and control
the mushrooming of churches some of which were formed by pastors driven
by greed.

Article 37 of the Rwandan Constitution provides for the freedom of conscience

and religion. It provides that the freedom of thought, conscience, religion,
worship and public manifestation thereof is guaranteed by the State in
accordance with the law. Further, the propagation of ethnic, regional, racial
discrimination or any other form of division is punished by law.

In exercising the rights above, one may be subject to limitations to ensure

respect for others’ rights and good morals, public order, and social welfare.

According to the established law, groups should not use their faith, religious
practices, or preaching to jeopardize national unity, peace, and security,
public order and health, good morals, good conduct, freedom, or the
fundamental rights of others.

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The law states that FBOs may give their opinions on social or faith-related
matters but may not engage in political activities to gain political power,
organize debates to support political organisations or political candidates or
use any other means to support candidates for public office.

b) Registration Requirements

The law determining the organisation and functioning of FBOs, which include
religious groups and nongovernmental organisations (NGOs) associated with
religious groups, any organisation, umbrella organisation, or ministry that
intends to begin operations must obtain legal status from the Rwanda
Governance Board (RGB).

The following are the registration requirements for FBOs:

A religious group or NGO intending to register an FBO must submit the

following to obtain legal status:

1. Application letter addressed to the CEO;

2. A letter issued by district authorities agreeing to collaborate with the

organization and certifying that the church construction meets the
standards of that area;

3. Notarized statutes;

4. The names of the legal representative and his or her deputy, their
responsibilities, full address and their Curriculum Vitae;

5. Criminal record certificates of the legal representative and of his/her

deputy;

6. A statement certifying that the legal representative and his/her deputy

were appointed in accordance with the organisation’s statutes
(declaration);

7. The legal representative and of his/her deputy should possess a

bachelor’s degree in religious studies or bachelor’s degree in any field

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 with a valid certificate in religious studies issued by a recognized
institution;

8. A brief notarized document explaining the doctrine of the organization

(statement of faith); ▪ Notarized minutes of the general assembly that
established the organization, approved its statutes and appointed the
members of its organs;

9. An annual action plan with its budget source;

10. A document of partnership issued by one of the umbrellas of own

choice;

11. Proof of payment of a non-refundable fee of 300.000 few (payment is

done online.

The law provides that upon submission of all the requirements, the RGB must
either issue a certificate of legal personality within 60 days of the date of
receipt of the application or, in case of denial, send a written notice explaining
the reasons for the denial within 30 days of the date of receipt of the
application.

Further, every foreign missionary must have a temporary resident permit and
a foreign identity card. Specific requirements to obtain the permit (which is
valid for two years and renewable) include a signed curriculum vita, an
original police clearance from the country of prior residence, an authorization
letter from the parent organisation, and a fee of 100,000 Rwandan francs
($94).

c) Education Requirements and Qualifications of Religious Leaders

The law requires:

1. Preachers with supervisory responsibilities should hold a degree in

religious studies from an institution of higher learning or any other
degree with a valid certificate in religious studies issued by a recognized
institution.

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 2. The religious groups or NGO’s legal representative should hold a degree
from an institution of higher learning.

3. Persons required to hold an academic degree shall have five years from
the date of the law’s enactment to comply with the requirement.

d) Offences and Penalties

i) Religious Discrimination

This offence is punishable by five to seven years’ imprisonment and imposes

fines of 100,000 to one million Rwandan francs ($94-$943).

ii) Obstructing the practice of religious rituals

The law imposes fines of one million to two million Rwandan francs ($943-
$1,900) and imprisonment ranging from one to two years.

iii) Public defamation of rituals, symbols, and “religious cult objects.

The penalty imposed is imprisonment for a term of not less than 15 days and
not more than three months or a fine of 100,000 to 200,000 Rwandan francs
($94-$189), or both.

iv) Holding public meetings or demonstration in public place without prior

authorization

The law imposes eight days to six months’ imprisonment, a fine of 100,000 to
one million Rwandan francs ($94-$943), or both and Penalties increase if an
illegal meeting or demonstration is found to have threatened security, public
order, or health.

The law further states that religious sermons must be delivered in designated
facilities that meet the requirements of the law, and that an FBO intending to
organize a special public gathering must seek authorization from the
competent authority.

v) Causing Noise Pollution

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Offenders are subject to a fine of 100,000 to one million Rwandan francs ($94-
$943), and repeat offenders are subject to increased fines and up to one
month of imprisonment.

7.4 Proposals by Members of the Public

7.4.1 Proposals on the Gaps in the Standards of Registration

The following are the proposals submitted:

1. The constitutions of religious organisations should reflect their specific

beliefs, doctrines, and practices. This would tame errant religious
leaders and religious organisations that intend to register.

2. That there should be a requirement for community approval through

the chiefs and village elders before registering religious organisations.
This will ensure participation by the community and the local
administration.

3. Fresh applications for registration of religious organisations should be

accompanied by a recommendation from established umbrella
religious organisations. This will ensure vetting and background
checks of religious leaders and religious organisations prior to
registration.

4. A national regulatory body should be established to regulate all

religious organisations. The body should be mandated to undertake
due diligence on any religious leader who wishes to register a religious
organisation; and oversight on registered religious organisations.

5. A record of the already registered religious organisations should be

submitted to NGAOs at all levels to enhance monitoring. There is a
need for the local administration to keep a database that can be used
to monitor errant religious organisations and religious leaders within
the community.

6. That any religious formation should have a presence in at least 23

counties for their registration to be approved.

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7. That the registration process should be tightened and further the
authorities should utilize the long processing timelines to conduct
proper background checks on the applicants.

8. That strict measures should be put in place at the point of registration

to allow vetting of religious leaders.

9. That there should be strengthening of the umbrella religious

organisations to allow them to conduct preliminary vetting of religious
leaders and religious organisations before vetting by state agencies on
an operational and technical level. This will help weed out errant
leaders and errant organisations.

10. Applicants for registration of religious organisations should state their

geographical area of origin if they are setting up a religious society in
a new area.

11. That there should be an immediate stop of the registration of all FBOs
with people's names

12. That before registration proper background checks on the bank

accounts associated with the organisations should be made.

13. That there is a need to review and increase the registration fees for
religious organisations to discourage further registration as people will
be discouraged by the high registration fees.

14. That there should be a mandatory mental assessment requirement for

all fresh applicants intending to register religious organisations.

15. The Government should vet foreign religious organisations and foreign
religious leaders that want to register and/or operate religious
organisations in the country.

16. Every application for registration of a religious organisation should be

accompanied by relevant documents (as outlined in the proposed law)
verified by the registrar

17. No society should be exempted from the requirements to register

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7.4.2. Proposals on the Gaps in the Minimum Certification Requirements

1. That certification requirement for religious leaders should be a

preserve of religious organisations as they deem fit and applicable to
their respective faith.

2. That education standards for religious leaders should not be

determined by the Government but should be left to the followers to
freely choose their preferred religious leaders

3. That the Government should set minimum standards for the

qualifications of religious leaders.

4. Minimum qualifications for anyone planning to start a church be put

in place and exemptions be given to those who have been in the
industry for more than 10 years, but they should not be exempted from
attending yearly training.

5. Individuals should possess at least a 2-year theology certificate from a

recognized theological institution for them to qualify as clergy.

6. That an individual who wishes to be a religious leader should possess

at least a diploma in theology from a recognized institution.

7. Some religious leaders with less education have done an exemplary job
of transforming lives and they should not be stopped from practising
their vocation due to lack of certificates, but they should be taken
through recognition of prior learning and be certified as per the Kenya
National Qualification Framework (KNQF) Education and training
progression pathways. Education should be complementary not a
compulsory requirement

8. There should be established a structured framework for the

appointment and hierarchical promotion of religious leaders.

9. Owners of ministries must have at least a degree in the field of theology

and church organisation.

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7.5 Conlusion and Recommendations
7.5.1 Conclusion

Standards and minimum certification requirements for religious

organisations and leaders are critical prerequisites for the registration and
monitoring of religious organisations. The current policy and legal framework
does not adequately provide for minimum standards and certification
requirements for religious sector. There is therefore need for policy and
legislative reform to address this gap.

7.5.2 Recommendations

In response to TOR (f) relating to standards and minimum certification

requirements for religious organisations and their leaders, the Taskforce
recommends:

1. The establishment of the office of the Registrar of Religious

Organisations who will be in charge of the registration of religious
organisations.

2. The Office of the Registrar of Religious Organisations should be

devolved.

3. Establishment of the Religious Affairs Commission that will act as an

oversight body to all religious organisations.

4. The Registrar of Religious Organisations should be the Secretary/CEO

of the Religious Affairs Commission

5. Umbrella religious organisations and NGAOs should be actively

involved in the vetting process prior to the registration of religious
organisations.

6. That all religious organisations should be registered and brought within

the framework of the proposed law.

7. Additional registration requirements should be prescribed under the

proposed law and regulations to apply to foreigners intending to register
or operate religious organisations in Kenya.

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8. There should be regular monitoring of the activities of registered
religious organisations by umbrella religious organisations and other
government agencies.

9. Educational prerequisites for religious leaders should be determined by

registered umbrella religious organisations.

10. Umbrella religious organisations should be mandated to determine

qualifications for a religious leader.

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 CHAPTER EIGHT: EDUCATION AND CIVIC AWARENESS

8.1 Introduction

This chapter seeks to respond to the Taskforce’s TOR (d) that requires
proposals on civic education and additions to the educational curricula aimed
at sensitizing Kenyans on identifying, avoiding or leaving religious extremism
organisations, sects, cults as well as other similar outfits.

To facilitate the above, the chapter discusses the existing legal and policy
framework for education and civic awareness in Kenya; undertakes a
situational analysis on the question of religious extremism in the education
sector; examines how South Africa has approached the question of religious
education for purposes of identifying comparable practices that may be
relevant for Kenya, highlights proposals from members of the public touching
on the TOR before proceeding to detail the Taskforce’s conclusions and
recommendations that would provide a response to the TOR.

8.2 Existing Legal and Policy Framework for Education and Civic
Awareness in Kenya

The Constitution of Kenya, 2010 provides anchorage for reforming the

education sector and makes access to education a constitutional right. In
2017, the Basic Education Curriculum Framework was adopted, giving way
to the launch and implementation of the Competency-Based Curriculum
(CBC) as a successor to the 8.4.4 curriculum. In 2018 and 2019, the National
Curriculum Policy and the Sessional Paper No. 1 of 2019 were developed and
adopted, respectively.

The Sessional Paper recommends reforming the Education and Training

Sector to provide for the development of the individual learners’ potential in a
holistic and integrated manner while producing intellectually, emotionally
and physically balanced citizens. It further recommends adoption of a CBC
and integration of national values into the curriculum. The vision of the basic
education curriculum reforms is to enable every Kenyan to become an

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engaged, empowered and ethical citizen upholding the national values as
enshrined in the Constitution.

The rising cases of violent extremism, cultism and occultism in Kenya is

evidence of values and behavioral crisis among the general populace. It is
common knowledge that the primary responsibility for inculcating values
rests with parents, religious leaders and the community at large.

An analysis of relevant components of the CBC reveals that the knowledge,

skills and attitudes gained through religious studies as a taught subject will
help learners cope with the challenges of life. There is emphasis on aspects of
religion that help learners appreciate their own beliefs and those of others
enabling them to act effectively and responsibly at local, national and global
levels for a peaceful and sustainable world.

8.3 Situational Analysis: Religious Extremism in the Education Sector

Current situational analysis shows that educational institutions and students

in particular, are targets of violent extremists, cultists and occultist either
through physical attacks or through recruitment processes both at the
national and global levels.

Cases of extremism at the national level include the Garissa University attack
on 2nd April 2015 by Al-Shabaab militants where about 148 people died, 142
of them being university students. The security concerns led to the temporary
closure of about 96 out of a total of 150 primary and secondary schools in
Garissa County and a mass exodus of teachers employed by the Teachers
Service Commission.

In the mid-1990s there were numerous unconfirmed reports of incidents of

devil worship in Kenyan boarding schools, prompting the appointment of a
commission by then President, H.E. Daniel Arap Moi in 1994 to investigate
devil worship in Kenyan educational institutions.

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Historical incidents of radicalization and violent extremism at the global level
include the persecution of Arab and Jewish scholars in Spain during the 15 th
century; the suppression of Jewish and communist intellectuals by the Nazis;
and the mass targeted killings of scholars by the Khmer Rouge in Cambodia.
On 16th December 2014, fighters associated with the Tehrik-i-Taliban (TPP)
attacked the Army Public School in Peshawar, Pakistan, killing 149
individuals among them 132 students, aged between eight to eighteen years.
On 20th January 2016, fighters allegedly associated with the TPP also
attacked Bacha Khan University, near Charsadda, Pakistan.

Cases of radicalization in UK universities as reported by Rupert Sutton in

‘Preventing Prevent: Challenges to Counter Radicalization Policy on Campus led
to the development of guidelines on countering extremism in the universities
through multi-government agencies like the police in collaboration with
NGOs. The guidelines include suitable procedures when inviting speakers,
providing case studies for universities, developing training materials and
training university students and staff to identify signs of extremism.

8.4 Regional Context

8.4.1 South Africa: Religious Education Curriculum

South Africa is a democratic society with a diverse population, culture,

language and religion. The country’s religious education curriculum promotes
a religious education policy that recognizes and celebrates its diversity. This
is particularly evident in all the public schools where no particular religious
ethos should be dominant over and suppress others. This aims to ensure and
protect the equal rights of all students recognizing and respecting their
religious views.
South Africa is a secular state with a strict separation between religion and
the state. The state education policy recognizes the rich and diverse religious
heritage of the country and adopts a cooperative model. The model accepts a
rich heritage and the possibility of creative interaction between schools and
faith whilst protecting young people from religious discrimination, extremism
or coercion.

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The religious education curricula and policies seek to extend the concept of
equity to the relationship between religion and education, in a way that
recognizes the rich religious diversity of the country. The religious education
policies do not impose any narrow prescriptions or ideological views regarding
the relationship between religion and education. Both the SA constitution and
the Schools Act, provide a broad framework within which people of goodwill
will work out their own approaches to religion and education. The religious
education curriculum and policies are neither negative nor hostile towards
any religion or faith and do not discriminate against anyone. They display a
profound respect religious faith and affirm the importance of the study of
religion and religious observances.

The religious education curriculum and policy is anchored on the principles

of equity, interreligious tolerance, diversity, openness and accountability. The
Teaching of Religious Education in schools is done by appropriately trained
professional educators registered with the South African Council of Educators
(SACE). Representatives of religious organisations who are registered with
SACE are also engaged, and as with other learning areas, occasional guest
facilitators from various religions may be utilized, provided that this is done
on an equitable basis.

South Africa exemplifies that, when religious education is given its rightful
place in the education system, the important process of imparting moral
values can be intensified through teaching and learning about religious and
other value systems.

8.5 Proposals by members of public on Civic Education and Additions

to Education Curricula

The Taskforce received the following proposals from members of the public:

1. Civic sensitization and awareness: To encourage a tolerant and

informed community, a thorough civic education curriculum that
teaches people how to recognize, avoid, and disassociate from religious
extremist organisations, sects, cults, and similar groups is
essential. Religious organisations should develop a faith guided content

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 to sensitize and create awareness on religious extremism, cultic and
esoteric practices and beliefs in all educational institutions.

2. Inclusion of civic education in school curricula: Civic education

should be incorporated into Kenyan school curricula. It should aim to
sensitize students on how to spot, stay away from, or leave religious
extremist organisations. This calls for collaboration among experts,
educators and community stakeholders to keep the formal curriculum
up-to-date, pertinent, and successful in educating students about
religious extremism and fostering a more tolerant and inclusive society.
This can be achieved through:
a. Collaborating with established national organisations to develop
age-appropriate educational materials and resources that address
the dangers posed by religious extremism sects and other similar
organisations.

b. Inclusion of civic education on sects, cults, and extremism in school

programs.

c. Educating students on their role in preventing religious extremism

and occultism as part of a curriculum designed to foster a sense of
civic duty.

d. Inclusion of the significance of human rights and religious freedom

as fundamental principles and their limitations in the curriculum.

e. Equipping students with the knowledge to identify extremist

teachings and radicalization in the religious studies curriculum.

f. Promoting value-based education in institutions and ascertain the

values associated with each profession.

g. Development of a curriculum by KICD and Religious organisation to

be taught in schools, thus enabling pupils to be able to identify and
combat the effects of extremism.

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 h. Creation of educational programs that promote tolerance,
comprehension, and respect for diverse religious beliefs and
practices.

3. Promoting awareness campaigns and outreach programs: In order to

sensitize Kenyans on recognizing, avoiding, and leaving religious
extremist organisations, sects, cults, and similar groups, strong
awareness campaigns and outreach initiatives are crucial.

4. Rehabilitation and reintegration programs: In order to encourage de-

radicalization, reintegration into society, and preventing future
engagement in extremism, it is imperative to provide efficient
rehabilitation and reintegration programs for those who have interacted
with or have been affected by religious extremist organisations. Religious
organisations should provide guidance and teachings to members on how
to live a virtuous and principled life, as well as counselling and pastoral
care to individuals and families, in order to assist them in navigating
personal difficulties, sorrow, and ethical dilemmas.

5. Focus on media literacy and digital citizenship: Individuals will gain

the knowledge and abilities necessary to responsibly navigate the digital
world, spot extremist content, and take the necessary counter-
radicalization measures by incorporating media literacy and digital
citizenship components into civic education and educational
curriculum. The public proposed the Incorporation of media literacy and
digital citizenship education to enable members of the public to evaluate
and distinguish credible information from propaganda, misinformation
and fictional content particularly on online platforms, and to teach
students how to navigate these platforms.

6. Continuous professional development for teachers: Building a cadre

of educators who are capable of educating Kenyans about religious
extremism and establishing a culture that is watchful, knowledgeable,
and resistant to extremist ideology requires ongoing professional
development for teachers. This can be achieved by providing teachers and
guidance and counselling instructors with ongoing training and

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 professional development to update their knowledge and skills on
addressing religious-related extremism.

7. Introduction of chaplaincy in schools: There is a need to introduce

specialized religious or spiritual ministry known as Chaplaincy that offers
pastoral care, spiritual direction, counselling, and support to those in
certain institutions or groups. Chaplains are often recognized and
appointed to serve in a variety of establishments and institutions,
including healthcare facilities, educational institutions, the military,
penal facilities, businesses, and community groups. Chaplains are
typically ordained clergy or spiritual leaders. Chaplains can make vital
contributions by creating a society that rejects extremism and upholds
the values of peace, tolerance, and understanding. Their participation in
civic engagement and educational projects can support campaigns to
educate people and society on identifying, avoiding, and disassociating
religious extremist groups. The public proposed that:
a) All basic and tertiary institutions must have chaplaincy services
provided by religious organisations for the institutions under their
sponsorship, Private institutions should provide chaplains for their
institutions, while public institutions should be catered for by the
government.

b) Certified religious leaders under structured pastoral visits to

learning institutions should provide pastoral education programs in
schools according to the approved doctrinal teachings of their
respective faiths.

c) Establish a criterion on how to select and approve a chaplain.

d) Where the learning institution is sponsored/private the role of

providing a chaplain should be left to the sponsor/proprietor.

e) Schools should allow chaplains from different religious

organisations upon approval by respective umbrella religious
organisations to attend to emerging issues and different pastoral
needs in learning institutions.

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 f) The Board of Management of any learning institution should notify
the Ministry of Education once they identify a suitable candidate.

g) Registration as a chaplain should be mandatory and access to the

learning institutions should be upon signing of a code of conduct
between the learning institution and the chaplain.

h) Different religious organisations should assign religious leaders to

attend to the students' pastoral needs.

8.6 Conclusion and Recommendations

8.6.1 Conclusion

Civic education and educational curricula are critical in sensitizing Kenyans

with a view to identifying, avoiding, or exiting religious extremist
organisations, sects, cults as well as other similar outfits. The current policy
and legal framework does not adequately address this objective. Similarly,
the current educational curricula in learning institutions does not adequately
equip the learners with the ability to identify, avoid or exit religious extremist
organisations, sects, cults as well as other similar outfits.

8.6.2 Taskforce Recommendations on Education and Civic Awareness

Based on the above examination of comparable practices and a careful

analysis of proposals from members of the public on matters touching on TOR
(d) relating to civic education and the education curriculum, the Taskforce
recommends:

1. Development of a curriculum and training material for civic competence

that addresses the rights and responsibilities of citizens and religious
organisations.

2. Development of a curriculum for civic education which focuses on parents,

instructors, clergy, educational institutions, government agencies and the
general populace to create awareness on extremism, cultism, and
radicalization. This should include how to identify, avoid or leave religious
extremist organisations, sects, cults and other similar outfits.

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3. Creation of dialogue initiatives, interfaith and intra-faith forums and
platforms to discuss religious freedom and religious tolerance to prevent
negative profiling and enhance national cohesion.

4. Development of a framework by the Ministry of Education for the provision

of chaplaincy services in schools. Sponsors and private owners of basic
and tertiary institutions of learning should ensure chaplaincy services are
provided in their institutions.

5. Promotion of media literacy and digital citizenship education to enable

individuals to evaluate and distinguish credible information from
extremist and/or misleading information, particularly on online religious
platforms.

6. Establishment of rehabilitation centres and development of de-

radicalization and reintegration programs by the government.

7. Commissioning of research and studies on religious extremism in

collaboration with established religious institutions and CSOs. This
should be aimed at developing and disseminating educational material to
counter religious extremism.

8. Development of content monitoring mechanisms against religious

extremism through a body comprising inter-faith umbrella religious
organisations the CA and national security organs.

9. Introduction of a national day against religious extremism, religious

abuse, and cultism to facilitate public sensitization and civic competence.

10. A review of the education curriculum to enhance value-based education

and to include instruction against sects, religious extremism, violent
extremism, cultism, and religious tolerance as well as providing for and
encouraging interfaith activities at all levels.

11. Training of educators on sects, religious extremism, violent extremism,

and cultism.

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 CHAPTER NINE: REPORTING MECHANISMS AND ENFORCEMENT
ACTIONS

9.1 Introduction

Considering the insights and findings presented in the preceding chapters,

there is a clear indication of the complexities and challenges posed by
religious extremism, cultic tendencies, and occultist practices in global,
regional and national contexts. These phenomena, while not entirely new,
have manifested with renewed vigour and threaten the very fabric of our
society.

Reporting and enforcement, in this context, involves systematic mechanisms

to identify, document, and counter such practices. Reporting serves as the
primary channel for the public and authorities to be aware of such activities,
while enforcement ensures accountability and corrective actions are taken
against entities involved in these activities.23

The chapter seeks to respond to TORs (e) and (h) by:

1. Outlining proposals for a mechanism for the public to report religious

extremism, cultic tendencies, or occultist beliefs and practices in their
local communities.

2. Recommending to the relevant government agencies actions that may

be taken against individuals and groups suspected of founding, leading,
or being part of religious extremist organisations, sects, cults, and other
similar outfits.

To address the above TORs, the chapter examines the global and regional
context with a specific focus on reporting and enforcement, highlights key
proposals from members of the public on the subject and then outlines the
Taskforce’s recommendations.

23Smith, J., & Doe, A. (2022) Mechanisms of Reporting and Enforcement in Religious
Practices. Journal of Religious Studies, 47(2), 101-115

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9.2 Global and Regional Context

In order to provide comparable experiences that would aid the formulation of

recommendations under this chapter, the Taskforce undertook a desktop
analysis of the various approaches to reporting and enforcement adopted in
the United Kingdom, Norway, South Africa and Uganda. The countries were
selected on the basis of comparable lessons.

9.2.1 United Kingdom

The Anjem Choudary Case (2016):24 Anjem Choudary, a British Islamist

preacher, was convicted for his support for Islamic State of Iraq and Syria and
efforts to radicalise others. His case illustrates the UK's focus on monitoring
extremist speech and activities that can potentially recruit or inspire terror
acts.

Reporting Mechanisms:

The UK established the Counter-Terrorism Internet Referral Unit to combat

online extremist content. Citizens can report extremist content online.

Local authorities, police, and community policing play a role in early detection
and reporting.

Enforcement Actions:

The UK's "Prevent" strategy aims to stop people from becoming terrorists or
supporting terrorism. This includes intervening early in schools and
healthcare settings.

The Terrorism Act 2000 and 2006 grant various powers, including prescribing
certain organisations, stopping and searching suspected individuals, and
detaining individuals without charge.

Proscription of extremist groups: Outlawing groups that promote extremist

ideologies.

24 Anjem Choudary & Another v Regina [2017] 4 WLR 204

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9.2.2 Norway

In 2011, a right-wing extremist, bombed government buildings in Oslo, killing

eight people, and later went on a shooting spree at a Workers' Youth League
camp on the island of Utoya, killing 69, most of whom were teenagers. The
extremists targeted anti-Muslim and anti-multicultural views.

Reporting Mechanisms:

1. Concern Phone Line: Norway has established a national concern phone

line where anyone can report concerns about someone they fear is being
radicalized.

2. Online Reporting: Authorities have portals for online reporting of

extremist content or concerns of radicalization.

3. Local Reporting: On the local level, municipalities encourage reporting

to local police, social services, or educational institutions if someone
notices sign of radicalization.

Enforcement Actions:

1. Action Plan against Radicalization and Violent Extremism (2014): This

plan emphasises preventive measures and includes efforts to combat
online radicalization, improve research on extremism, and strengthen
dialogue with religious and belief communities.

2. National Police Security Service (PST): PST is responsible for monitoring

and acting upon threats, including religious extremism.

3. Local Measures: Norway believes in a localised approach. Different

municipalities have their own local measures, often involving social
services, educational institutions, and local police, working in unison
to detect and counteract radicalization.

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 4. Dialogue with Religious Communities: Norway puts emphasis on
dialogue with religious communities as a preventive measure. Regular
conversations and engagement with leaders of various religious
communities, including Muslims, Christians, and others have been put
in place.

5. Online Monitoring: Given that much radicalization nowadays happens

online, Norwegian authorities actively monitor online platforms for
signs of extremist content.

9.2.3. South Africa

The media has played a critical role in reporting religious extremism. For
instance, the New Zealand Media Entertainment (NZME) reported that
Prophet Light Monyeki from Grace Living Hope Ministries in Soshanguve
purported, in 2016, to have influenced his congregants to eat rat poison mixed
with water as nourishment and healing (NZME, 2017). He alleged that as
Christians, death has no authority over them having in mind that the boys
who smoke or take nyaope (low-grade heroin) as a drug for years do not die,
why must they die (eNCA, 2021; and DNA Web Team, 2017).

9.2.4. Uganda

The Kanungu Cult Massacre refers to a horrifying incident in Uganda in

March 2000, where an estimated 778 members of the Movement for the
Restoration of the Ten Commandments of God, a cult, died in a mass murder-
suicide orchestrated by its leaders. Founded in the late 1980s, this religious
cult propagated an apocalyptic message, predicting that the world would end
on January 1, 2000. When the prophecy failed, the leaders convinced their
followers that the end was near, leading to the tragic events at their church
in Kanungu.

Responses to the Massacre:

1. Public Awareness and Education - There was an increased emphasis

on public awareness campaigns about the dangers of joining cults or
extremist groups.

111
 2. Increased Surveillance on Religious Groups - The Ugandan government
increased its scrutiny and surveillance of religious organisations,
particularly new and non-traditional sects.

3. Legal Reforms - The incident prompted calls for the overhaul of religious
regulations and legislation in Uganda.

9.3 Proposals from Members of the Public

9.3.1 Proposals on Reporting Mechanisms

Members of the public gave their views and submitted memoranda which the
Taskforce reviewed in detail. The following proposals were made:

1. The Government should create awareness on religious extremism and

cultic practices. Government should also raise awareness of religious
extremism through media, community outreach programs and
educational institutions.

2. The primary reporting should be done through the existing security

framework. This should involve local religious leaders.

3. The establishment of a multi-sectoral framework for reporting religious

extremism. This will involve law enforcement agencies, religious groups,
CSOs, and NGOs.

4. Boards of management, teachers and students should work together in

identifying extremist, cultic and occultic practices and establish a
framework for taking appropriate action timeously.

5. Members of the public can report extremist, cultic and occultic

practices through religious organisations and/or religious umbrella
organisations.

6. Establishment of dedicated toll-free hotlines, helplines, social media

platforms, online platforms, web applications and a reporting desk at
the Registrar of Societies to facilitate prompt reporting. The Registrar of
Societies should manage the platforms to ensure proper handling of
information and follow-up for necessary action.

112
 7. Establishment of a framework to facilitate the concealing of the identity
of whistle-blowers. This information should be centrally handled by the
office of the Registrar of Societies. To encourage people to give
information, a reward system should be put in place to reward those
who give credible information.

8. Economic empowerment programmes in communities to reduce

vulnerability triggered by, inter alia, poverty, among affected groups
including women and youth.

9.3.2 Proposals on Enforcement Actions

1. Criminal responsibility should be personal to the individual committing

the crime and should not be attributed to the institution or organisation
they represent or serve in.

2. Misconduct which is not criminal should be handled internally by the

religious sector. Those offences that are purely criminal in nature
should be subjected to the criminal justice system.

3. Regular monitoring, vetting and security clearance of religious

organisations by respective government agencies.

4. Law enforcement agencies should be more proactive in dealing with

reported criminal activities within religious organisations.

5. Mental health assessments should be done annually on preachers as a

measure to prevent unfit persons from practising.

6. The Government should carry out lifestyle audits of religious leaders.

7. Umbrella religious organisations should be empowered to impose

sanctions including penalties and fines on non-compliant members.

8. The Government should seize and reallocate the assets and finances of
religious extremists to aid victims affected by extremist practices, cult
behaviours, and occult activities.

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9. The Government should evaluate and possibly revise the bail
procedures for individuals accused of affiliations with or leading roles
in extremist religious groups, sects, and similar organisations.

10. The Government should establish vetting committees at the National,

Regional, County, and Sub-County levels. These committees should
assess and take appropriate actions against individuals and groups
suspected of involvement with religious extremist organisations, sects,
and cults.

11. The CA should be more proactive in overseeing the regulation of print

electronic and social media, ensuring that content aired/disseminated
aligns with national values. The CA should work closely with the Kenya
Films and Classification Board to monitor and evaluate the content
being broadcast.

12. Counselling psychology interventions should be enhanced to support

the victims of cultic and extremist practices. This helps with the
rehabilitation and reintegration of those who disassociate from religious
extremism and cultism.

13. The establishment of an Independent Religious Regulatory Board

Inspectorate Unit / Religious Affairs Commission (RAC): to monitor and
address concerns related to religious extremism in the country with the
mandate to initiate; oversee investigations into suspected religious
extremist groups; liaise with relevant state agencies and registered
religious institutions; and enforce corrective measures.

14. Setting up of a "Religious Affairs Court," to adjudicate cases relating to

extremist or cultic practices.

15. The Government to collaborate with international partners to identify

and disrupt the operations, financing, and recruitment of religious
extremist organisations, sects and cults.

114
 16. The Government should institute compulsory training for all leaders of
religious organisations to promote awareness and prevention of
religious extremism, cultic and occultic practices.

9.4 Conclusion and Recommendations

9.4.1 Conclusion

Reporting mechanisms and enforcement actions are critical in curtailing

religious extremism, cultic or occultist beliefs and practices. Effective
reporting facilitates timely intervention by relevant government authorities
and stakeholders, thereby preventing potential harm and championing the
welfare of society. It is, therefore, necessary to craft and implement effective
reporting mechanisms across all governmental levels.

9.4.2 Recommendations on Reporting Mechanisms and Enforcement Actions

1. Reporting incidents of religious extremism, cultism and occultism

through the existing Government security framework.

2. Reporting incidents of religious extremism, cultism and occultism

through religious organisations and umbrella bodies.

3. The Ministry of Education should develop a framework for reporting

incidents of religious extremism, cultism and occultism across all
learning institutions.

4. The proposed Office of the Registrar of Religious Organisations to

develop and operationalize an integrated and technologically enabled
mode of reporting. This will include dedicated toll-free helplines, social
media platforms, online platforms, and web/mobile applications.

5. Whistleblowing to be done through suggestion boxes at the Office of the

Registrar of Religious Organisations, on social media, and on devoted
telephone lines and relevant government offices.

6. Expedite the enactment of the Whistle-blower Protection Bill, (2021)

and effectively enforce the Witness Protection Act.

115
7. Formulate and implement a multi-sectoral framework for reporting
religious abuse that includes relevant government agencies, religious
institutions, CSOs, NGOs and other relevant stakeholders.

8. Ensure prompt investigation, arrest, prosecution, sentencing and

conviction of individuals involved in religious extremism, cultism and
occultism.

9. Creation of offences committed in the name or under the pretext of

religion in the proposed Religious Organisations Bill.

10. The proposed Religious Affairs Commission to regulate religious content

in the media in consultation with the CA, security agencies and
religious institutions.

11. The Government to create rehabilitation, disengagement, and

reintegration programmes for those affected by acts of religious
extremism, cultism and occultism.

12. The Registrar of Religious Organisations should be empowered under

the proposed Religious Organisations Bill to deregister and publicise
names of individuals and groups linked to religious extremism, cultic,
and occultism practices.

13. The religious institutions shall take the necessary corrective measures
to ensure full compliance with the proposed Religious Organisations
Bill.

14. The Government should enhance the economic empowerment

programmes in communities in order to reduce vulnerability triggered
by, inter alia, poverty, among affected groups including women and
youth.

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 CHAPTER TEN: FINAL CONCLUSIONS AND RECOMMENDATIONS

10.1 Conclusions

Based on presentations by the members of the public (oral and written),

comparable experiences from select jurisdictions (benchmarking visits and
desktop analyses), the Taskforce makes the following conclusions:

1. Religious organisations play a vital role in shaping the socio-economic

and moral fabric of Kenyan society. Although the Constitution
guarantees the freedoms of religion and association, the society has
witnessed incidents where religion has been used in a manner that is
detrimental to individual health and safety, the public interest and
national values. There is, therefore, need to strike a delicate balance
between safeguarding the freedoms of religion and association, and the
imperative to protect the public good.

2. There is need to undertake policy, legal, institutional and

administrative reforms to ensure that the exercise of the freedoms of
religion and association is not used in a manner that is detrimental to
individual health and safety, the public interest and national values.

3. There is no existing policy framework for the religious sector. There is,
therefore, need to formulate a policy framework for the sector. The
existing legal framework has gaps and does not adequately address
religious extremism, sects, cults and other similar outfits in Kenya that
engage in practices detrimental to individual health and safety, the
public interest and our national values. However, given the legislative
process for a new legal framework may take some time there is need to
put in place interim measures to address the existing and emerging
challenges.

4. The governance framework for religious organisations in Kenya reveals

a series of challenges and gaps that have implications on transparency,
accountability, and the overall well-being of these organisations. The
existing regulatory framework, primarily governed by the Societies Act,

117
 is inadequate and does not address the unique character of religious
sector.
5. Standards and minimum certification requirements for religious
organisations and leaders are critical prerequisites for the registration
and monitoring of religious organisations. The current policy and legal
frameworks do not adequately provide for minimum standards and
certification requirements for religious sector. There is therefore need
for policy and legislative reform to address this gap.
6. Civic education and educational curricula are critical in sensitizing
Kenyans with a view to identifying, avoiding, or exiting religious
extremist organisations, sects, cults as well as other similar outfits. The
current policy and legal frameworks do not adequately address this
objective. Similarly, the current educational curricula in learning
institutions does not adequately equip the learners with the ability to
identify, avoid or exit religious extremist organisations, sects, cults as
well as other similar outfits.

7. Reporting mechanisms and enforcement actions are critical in

curtailing religious extremism, cultic or occultist beliefs and practices.
Effective reporting facilitates timely intervention by relevant
government agencies and stakeholders, thereby preventing potential
harm and championing the welfare of society. It is, therefore, necessary
to craft and implement effective reporting mechanisms across all
governmental levels.

10.2 Recommendations

Based on the above conclusions, the Taskforce recommends:

1. Formulation and adoption of a sound policy framework for the religious

sector.

2. Enactment of a distinct statute for religious organisations to provide

clarity on, inter alia, appropriate legal personality, registration
requirements and offences committed under the pretext of religion.

118
3. Establishment of a Religious Affairs Commission under a new statutory
framework to oversight religious institutions.

4. Establishment of umbrella religious organisations for purposes of

facilitating self-regulation.

5. Adoption of a hybrid model of regulation of religious organisations

comprising self-regulation and government oversight within the context
of the Constitution and the law.

6. Implementation of self-regulation of religious organisations through

recognition and strengthening of umbrella religious organisations, with
incentives and recommendations for the exercise of the freedom of
religion and association.

7. Amendment of the Kenya Information and Communication Act (KICA)

and any other statute to strengthen a framework for regulating religious
content in media within the context of the Kenyan Constitution.

8. Development and review of educational curricula in learning

institutions to address religious extremism, cultic or occultist beliefs
and practices.

9. Development and review of material for civic education that addresses

the rights and responsibilities of religious organisations and citizens
and highlights the dangers of religious extremism.

10. Setting of standards and educational prerequisites for religious leaders

to be determined by registered religious institutions.

11. Formulation, implementation and strengthening of multi-sectoral

collaborative reporting mechanisms comprising, inter alia, existing
government security framework, interfaith organisations, and
educational institutions.

12. Ensuring effective monitoring, evaluation, and reporting for proper

implementation of the policy framework.

119
13. Enhancement of the economic empowerment programmes in
communities in order to reduce vulnerability triggered by, inter alia,
poverty, among affected groups including women and youth.

120
 CHAPTER ELEVEN: IMPLEMENTATION MATRIX FOR THE
RECOMMENDATIONS OF THE TASKFORCE

11.1 Introduction

In order to facilitate the effective implementation of the key recommendations

contained in this Report, an implementation matrix is provided in this
chapter. The matrix focuses on providing a clear implementation roadmap for
the recommendations contained in chapters three, four, five, seven, eight and
nine that specifically respond to the Taskforce’s TORs.

The implementation proposals in the matrix assume both immediate and

long-term strategies. The implementation of these recommendations will
adopt a multi-sectoral approach which embraces the “whole of government
and whole of society approach” for its success.

11.2 Implementation Matrix

The detailed implementation is provided in Table 2.

Table 2: Implementation Matrix

Thematic 1: Legal, Institutional and Governance Framework

Recommendation Activity Responsibility Timeline
Enactment of legislation to Enactment of Office of the Attorney One year
facilitate self-regulation of legislation to facilitate General & Department
religious institutions (Religious self-regulation of Justice
Organizations Act) religious institutions
and to establish the
Religious Affairs
Commission
Establishment of the Office of Enactment of Office of AG and One year
the Registrar of Religious legislation that Department of Justice
Organisations establishes the office
of Religious Affairs
Commission
Decentralisation of the Creation of the Office Office of the Attorney One year
registration and regulation of Religious Affairs General & Department
services of religious Commission at the of Justice
organisations county level
Establishment of a specialised Enactment of law that Office of the Attorney One year
dispute resolution mechanism creates a tribunal to General & Department
for religious organisations hear disputes arising of Justice
from religious
organisations

121
Enhancement of the vetting Involvement of local Ministry of Interior and One year
process authorities and National
particularly chiefs and Administration
members of Nyumba
Kumi initiative.
Inclusion of religious Amendment of the Office of the Attorney One year
organisations in the National National Government General & Department
Government Coordination Act to Coordination Act. of Justice
assist in vetting of religious
organisations.
Regulation of broadcast of online Amendment of the Communication One year
religious content Kenya Information Authority of Kenya (CA)
Communication Act and Office of the
(KICA) provide for Attorney General &
regulation of Department of Justice
broadcast of online
content.
Thematic 2: Education and Civic Awareness
Recommendation Activity Responsibility Timeline
Review of the education Review of the Ministry of Education Three years
curriculum to include education NCTC
instruction against sects, curriculum.
religious extremism, violent KICD
extremism and cultism. TSC

Training of educators on sects, Training of educators. KICD Two years

religious extremism, violent
extremism, and cultism.

Promotion of value-based Curriculum review. KICD Three years

education through curriculum
review.

Sensitisation of teachers and Sensitisation of KICD Continuous

mainstreaming of all-round teachers. Interfaith Umbrella
education curricula and religious organisations
extracurricular activities.

Monitoring teachers of religious Monitoring and KICD Continuous

education to prevent teachings regulation of teachers. TSC
and conduct that impacts
negatively on the students.

Promote civic education to Review of curriculum KICD Three years

enhance interfaith relations and
to promote religious tolerance
through creation of forums and
platforms.

Introduction of chaplaincy Development of a KICD Three years

services in all learning framework for TSC
institutions introduction of
chaplaincy services in Ministry of Education
basic and tertiary Religious Organizations
institutions.

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Inclusion of media literacy and Media sensitisation CA One year
education on digital citizenship. Security organs

Organisation of community Interfaith dialogue Office of the President One year

forums, interfaith dialogues, and and activities in
public discussions to promote public spaces
tolerance and social cohesion.

Development and dissemination Research and KICD Two years

of educational materials on investigation on National Research
religious extremism and support religious extremism Bureau
of initiatives aimed at countering
religious extremism.

Management of abuse of media CA One year

for religious extremism through Establishment of a Office of the President
a content monitoring body. body made up of
national security
organs and
Communication
Authority to manage
abuse of media.

Introduction of national day Office of the President One year

dedicated for campaign against
extremism and abuse of religion.

Thematic 3: Reporting and Enforcement Actions

Recommendation Activity Responsibility Timeline

Creation of awareness among Undertake civic KICD Continuous
members of the public education through Ministry of Education
religious institutions,
CBOs, relevant Civil Societies
government NGAO and other
institutions and government
media. institutions,
Media,
religious organizations
and the proposed
Religious Affairs
Commission and/or its
equivalent
Reporting through integrated Development and Continuous
technology operationalisation of Information
an integrated and communication
technologically Technology Authority
enabled mode of (ICTA)
reporting that
includes dedicated Office of the Registrar of
toll- free helplines, Religious Organisations
social media
platforms, online
platforms, web and
mobile applications.

123
 Full implementation of the Put in place effective The Office of the Continuous
witness protection act and the whistleblowing Attorney General & the
expedite the enactment of the mechanisms, Department of Justice;
whistle blowers Bill suggestion boxes at and
the registrar`s Registrar of Religious
devolved offices, social Organisations
media and devoted
telephone lines to
increase
accountability and
trust and uncover
misconduct.

Formulation and Formation of a multi- Registrar of religious One year

implementation of a multi- agency committee organisations
sectoral framework for reporting comprising religious Ministry of Interior and
religious abuse actors and National
government organs Administration
Enforcement Actions
Effective investigation and Investigation of NPS Continuous
prosecution of individuals individuals engaged in ODPP
involved in religious extremism religious extremism
and other related
crimes and offences
Effective Self-regulation of the Self-regulation Actors in media Continuous
Media industry
Rehabilitation, disengagement Development of Government Continuous
and reintegration programmes counselling and Faith-based
rehabilitation Organizations
mechanisms.
CSOs
Proposed Corrective Actions i. Deregistratio Proposed Registrar of Continuous
n and Religious Organisations
publicization
through
media and
Kenya gazette
of religious
organisations
linked to
religious
extremism,
cultic and
occultism
practices
ii. publicization
through
media and
Kenya gazette
of names of
individuals
linked to
religious
extremism,
cultic and
occultism
practices
iii. Taking of the
necessary
disciplinary
measures by
religious
institutions

124
Thematic 4: Standards and Certification Requirements
Recommendation Activity Responsibility Timeline
1. Establishment of a Enactment of the Office of the Attorney Within one year
Religious Affairs relevant law General and of the
Commission Department of Justice commencement
and Parliament of the proposed
law
2. Establishment of Enactment of the The Office of the Within one year
Umbrella Bodies as per relevant law Attorney General & the of the
the proposed law Department of Justice commencement
of the proposed
law.
3. Registration of religious Registration of all Registrar of Religious Within one year
institutions unregistered Organisations and of the
institutions Religious Affairs commencement
Commission of the proposed
law.
4. Filing of annual Enforcement of All registered Religious One year
returns and compliance compliance by all Organizations;
with all requirements registered religious Registrar of Societies;
under the Act by All organisations with all and the proposed
registered institutions requirements of the
law. Registrar of Religious
Organisations
This compliance shall
include the already
existing exempted
religious
organisations.
5. Undertaking effective Multi-agency vetting Relevant government One year
due diligence prior to of applicants for new agencies and the
the registration of new registrations proposed Religious
religious institutions Affairs Commission
6. Registration of foreign- Effective due diligence Relevant government One Year
based FBOs and their in the country of agencies and the
local partners domicile at the proposed Religious
applicant’s cost Affairs Commission

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 APPENDICES
Appendix 1: Gazette Notice No. 5661

126
Appendix 2: Gazette Notice No. 6091

127
128
Appendix 3: Public Participation Advert

129
Appendix 4: List of Statutes which require Amendments to give full effect to the
recommendations in the Report

S/NO NAME OF STATUTE ACT NUMBER

1 Basic Education Act No 18 of 2013

2 Children Act No 29 of 2022

3 Companies Act No 17 of 2015

4 Environmental Management and Coordination Act No 8 of 1999

5 Films and Stage Plays Act Cap 222

6 Kenya Information and Communication Act No 2 of 1998

7 Non-Governmental Organisations Co-Ordination) Act No 19 of 1990

8 Penal Code Cap 63

9 Physical and Land Use Planning No 13 of 2019

10 Public Benefit Organisations Act No 18 of 2013

11 The Societies Act Cap 108

12 Trustees (Perpetual Succession) Act Cap 164

Appendix 5: Technical/resource persons, Secretariat and Support Staff

130
 Technical/resource persons 14 Philip Ndoo Mukamba

1 Caroline Jerono Kibiwott 15 Rael Moraa Osiemo

2 Charles Ramaina Enapat 16 Silvia Wambui Kanyi

3 Cynthia Aswani Liavule 17 Mathew Kimanzi

4 Dr. Henry Paul Gichana Secretariat

5 Felix Mukuvi Ndonye 1 Evans Rioba

6 Ismael Arale Ali 2 Caroline Naitore

7 John Ngugi Kariuki 3 Lucy Kanana Gitonga

8 Justus Obuya 4 Susan Kwalia

9 Kenneth Okumu Matiba Support Staff

10 Kevin Kiarie 1 Caroline Osowo

11 Mary Wacuka Githu 2 David Ngera
12 Nancy Chemutai Sang 3 Michael Munga

13 Norbert Anjichi Lupamo

131
Appendix 6: Stakeholder Engagement Photos

132
Figure 1: Taskforce Members during stakeholder meeting with Kenyans in Diaspora in the UK,
October, 2023

133
Figure 2: Taskforce Members meeting the Parliamentary committee in charge of Political Affairs
and Gender at Parliamentary Building in Kigali, Rwanda October, 2023

Figure 4: Taskforce Members during the Public Participation forum at Tharaka Nithi County,
August 2023

134
Figure 3: Taskforce Members with the Western Regional Commissioner and the Kakamega County
Commissioner during Public Participation

Figure 4: Taskforce Members during the Public Participation forum in Nyeri County, August 2023

135
Figure 5a: Taskforce Members with the Kisii County Governor

Figure 5b: Taskforce Members during Public Participation forum in Kisii County, June 2023

136
Figure 6: Taskforce Members meeting with the USA Homeland Security, October 2023

Figure 6: Taskforce Members meeting with staff at the Kenyan Embassy in the USA, October 2023

137
Figure 7: Taskforce Members during the Public Participation forum in Makueni County, July 2023

Figure 8: Taskforce Members during the Public Participation forum in Bungoma County, June, 2023

138
Figure 9: Taskforce Members meeting with the Tanzania Ministry of Home Affairs in Dodoma,
September, 2023

139
Appendix 7: List of Key Stakeholders Engaged

140
Appendix 8: Working Groups, Issues and Expected Outputs

Table 3: Working Groups, Issues and Expected Outputs

THEMATIC AREA I: LEGAL, INSTITUTIONAL AND GOVERNANCE FRAMEWORK

TORs Interpretation of TOR Output
a) Identify the legal, institutional, 1. Legal challenges/gaps 1. A list of all legal
and governance challenges/gaps 2. Institutional challenges/gaps
that have allowed or may allow for challenges/gaps identified
religious extremist organisations, 3. Governance 2. A list of all
sects, cults, and other similar challenges/gaps institutional
outfits in Kenya to engage in challenges/gaps
practices detrimental to individual identified
health and safety, the public 3. A list of governance
interest, or our national values challenges/gaps
identified
b) Formulate proposals on the 1. Proposals on legal 1. A list of proposals
legal, institutional, and changes on legal changes
governance changes required to 2. Proposals on 2. A list of proposals
prevent religious extremist institutional changes on institutional
organisations, sects, cults, and 3. Proposals on governance changes
other similar outfits in Kenya from changes 3. A list of proposals
committing or fostering actions on governance
that are detrimental to individual changes
health and safety, the public
interest, or to national values
c) Formulate proposals on legal Proposals on legal amendments A list of proposed legal
amendments to various laws so as to facilitate law enforcement amendments specific to
to enable the concerned law facilitation of law
enforcement agencies to more enforcement
effectively tackle crimes
committed as a result of religious
extremist, or cultic and occultist
beliefs and practices
g) Formulate proposals on a Proposals on a framework for: A regulatory framework
framework for regulation, annual 1. Regulation touching on all
reporting, compliance, 2. Annual reporting identified aspects. The
monitoring, and enforcement 3. Compliance options include:
action applicable to all religious 4. Monitoring a. A sound policy
organisations; including public 5. Enforcement action framework that will
declarations of their governance 6. Public declarations of be the basis of the
structures, programmes, governance structures, framework
ministries, charitable activities, programmes, ministries, b. A new Bill for an
education activities, commercial charitable activities, Act of Parliament
ventures and general sources of education activities, regulating religious
finances commercial ventures organisations
and general sources of c. Draft Regulations
finances.

THEMATIC AREA II: EDUCATION AND CIVIC AWARENESS

TORs Interpretation of TOR Output
d) Formulate proposals on civic 1. Proposals on civic 1. A list of proposals
education and additions to education on civic education
educational curricula that 2. Proposals on additions 2. A list of proposals
sensitize Kenyans on identifying, to education curricula on additions to
avoiding, or leaving religious education curricula
extremist organisations, sects,
cults, and other similar outfits

THEMATIC AREA III: REPORTING MECHANISMS & ENFORCEMENT ACTIONS

141
TORs Interpretation of TOR Output
e) Formulate proposals for a Proposals for a reporting A list of proposals towards a
mechanism for the public to report mechanism reporting mechanism
religious extremist, cultic or
occultist beliefs and practices in
their local communities
h) Recommend to the competent Recommendations on A list of recommendations
authorities what actions may be enforcement actions on enforcement actions
taken against individuals and
groups suspected of founding,
leading, or part of religious
extremist organisations, sects,
cults, and other similar outfits
THEMATIC AREA IV: STANDARDS & MINIMUM CERTIFICATION REQUIREMENTS
TORs Interpretation of TOR Output
f) Formulate proposals on 1. Proposals on standards 1. A list of proposals
standards and minimum for religious on standards for
certification requirements for all organisations religious
religious organisations and their 2. Proposals on minimum organisations
leaders for them to be allowed to certification 2. A list of proposals
be registered and to operate in requirements for on minimum
Kenya; religious organisations certification
3. Proposals on standards requirements for
and minimum religious
certification organisations
requirements for 3. A list of standards
religious leaders and minimum
certification
requirements for
religious leaders

Appendix 9: Schedule of County Public Participation

142
Table 4: Schedule of County Public Participation

NO CLUSTER COUNTY VENUE DATES

MEMBERS

Team A B C Kilifi (03) Shakahola site 12th June 2023

Team A B C Kilifi (03) Kilifi Social Hall 13th June 2023
Team A Lamu (05) Mpeketoni DC Compound 14th June 2023
Lamu Forte Hall 15th June 2023
Team B Tana River (04) County Commissioner’s 14th June 2023
Office
Team C Kwale (02) Kwale social Hall 14th June 2023

Team A Kakamega (37) Kakamega RCs social Hall 19th June 2023
Bungoma (39) Kibabii University 20th June 2023
Busia (40) Busia Social Hall 21st June 2023
Vihiga (038) Broadpark hotel 19th June 2023
Team B Kisumu (042) Kisumu RCs Hall 20th June 2023
Siaya (041) Siaya Institute 21st June 2023
Homabay (043) Kabunde social hall 19th June 2023
Team C
Migori (044) Migori social Hall 20th June 2023
Team C1 Kisii (045) KIHBT Hall 21st June 2023
Team C2 Nyamira (046) KIE Hall 21st June 2023

Narok (033) Narok Social Hall 3rd July 2023

Team A Bomet (034) St. Josphine Bakhita TTI 4th July 2023
Kericho (035) ACK Hall 5th July 2023
Uasin Gishu (027) County Commissioner’s 3rd July 2023
Hall

Nandi (029) Social Hall 4th July 2023

Team B

Elgeyo Marakwet
KMTC Iten 5th July 2023
(028)

Trans Nzoia (026) Kitale National Polytechnic 4th July 2023

Team C

West Pokot (024) Kapenguria Social Hall 5th July 2023

Baringo (030) KSG 10th July 2023

Team A Nakuru (032) Nuru Place 11th July 2023
Nyandarua (018) County commissioners Hall 12th July 2023
Samburu (025) County Commission Hall 10th July 2023
Team B Laikipia (031) Nanyuki Social Hall 11th July 2023
Nyeri (019) Social Hall 12th July 2023
Kirinyaga (020)
County commissioners Hall 10th July 2023
(Team C1)
Turkana (023)
Team C Loyopo TVET 10th July 2023
(Team C2)
Muranga (021) Technology Primary school 11th July 2023
Kiambu (022) KIST 12th July 2023

Embu (014) Talent Academy 24th July 2023

Team A Tharaka Nithi (013) Kathwana Social Hall 25th July 2023
Meru (012) Meru Teachers College 26th July 2023
Kitui (014) Multipurpose Institute 24th July 2023
Team B Machakos (016) Youth Center 25th July 2023
Kajiado (034) Tenabo A.C.K Hall 26th July 2023
Mandera (09) Mandera Social Hall 24th July 2023
Team C Wajir (08) ICT Hall 25th July 2023
Garissa (07) Garissa social hall 26th July 2023

143
NO CLUSTER COUNTY VENUE DATES
MEMBERS

Team A Isiolo (011) Landmark Hotel 31st July 2023

Marsabit (010) Catholic social hall 1st August 2023
Makueni (017) Green Park 31st July 2023
Team B
Taita Taveta (06) Wundanyi CC Hall 1st August 2023
Mombasa (01) KSG 31st July 2023
Team C
Kilifi (03) Casuarina Hall 31st July 2023

7th 8th August

Team A, B, C Nairobi (047) KICD
2023

Appendix 10: Programme of Activities for the Visiting Delegation of

Members of The Presidential Taskforce on The Review of The Legal and
Regulatory Framework Governing Religious Organisations 25 th To 29th
September 2023

144
Table 5: Programme of Activities for The Visiting Delegation of Members of The Presidential
Taskforce on The Review of The Legal and Regulatory Framework Governing Religious
Organisations 25th To 29th September 2023

VENUE
DAY TIME SESSION RESPONSIBILITY

SUNDAY 24TH Julius Nyerere

Arrival of the members Kenya High
SEPTEMBER, TBC International
of the Taskforce Commission
2023 Airport (JNIA)
Courtesy call to the
Kenya High
Monday 25th 10.00- Kenya High Kenya High
Commission
September,2023 10.30 Commissioner, Dar es Commission
offices
Salaam
Brief on the mandate of
Kenya High
10.30- the Taskforce and the Team Leader,
Commission
11.00 terms of Reference for Taskforce
Offices
the Study Visit
Discussion on the
11.00hrs-
programme for the
11.30hrs
Study Visit
LUNCH BREAK

Presentation on the
mandate of the Ministry
of Home Affairs and the
registrar of Societies

legal and regulatory

framework governing Ministry of Home Awaiting
14.00hrs-
religious bodies in the Affairs and confirmation of
16.00hrs
United Republic of Registrar of society appointment
Tanzania

Opportunities and
challenges on the legal
and regulatory
framework
Bishop Nelson
Kisare, Chairman
ISCEJIC

Sheikh Khamia
Engagement session Mataka, Chairman
with the representatives BAKWATA
from the Interfaith Kenya High
Tuesday 26th 10.00-
Standing Committee on Commission
September, 2023 12.000
Economic Justice and Offices
Integrity of Creation Edmund Motatay.
(ISCEJIC) Programme
Coordinator, TEC

Gloria Mafole,
Coordinator,
ISCEJIC

145
 LUN CH B REAK
12.30-
2.00hrs
Dr. Joseph Mayala,
World Vision

Engagement session Bishop Dr. Alex

with representatives of Malasusa
14.00- various umbrella bodies
16.00hrs and international bodies
that partner with faith
originations Dr. Philipo Mafuja

Bishop Dr. Deo

Lubala, CPCT
Engagements with
representatives of the CPTC
Wednesday 27th 10.00hrs- Seventh Day Adventist
September, 2023 12.00hrs Church and Council of
Pentecostal Churches in SDA-STU
Tanzania
LUN CH B REAK
12.00-
1.00hrs
Visit to Bagamoyo, to
12.30hrs learn about the rich
to history of the town, as a
18.00hrs centre for the first
Mission in East Africa
Mr. George Obado,
Chairman, KEDIT
Kenya High
Thursday 28th 10.00- Presentation of views by
Commission
September 2023 12.30hrs Kenyan Diaspora
Offices
Other three KEDIT
officials
LUN CH B REAK
12.30-
2.00hrs

Friday 29th Members of the Task

September, 2023 force depart to Nairobi

Appendix 11: List of Submitted Memoranda

Table 6: List of Submitted Memoranda

S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE

NO.
1. Sauti ya Kanisa Religious 047/1
organisation
2. Prof. P.L.O. Lumumba Advocate 047/2

146
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
3. Office of the Attorney General – Department of Ministry 047/3
Justice
4. Sauti ya Kanisa- Obed bet Chelugui Religious 047/4
organisation
5. Full Gospel of Churches of Kenya-Bishop Dr. Religious 047/5
David organisation
6. Full Gospel of Churches of Kenya-Bishop Dr. Religious 047/6
David Macharia organisation
7. Federation of Evangelical and Indigenous Religious 047/7
Christian Churches of Kenya-Bishop Samuel organisation
Njiriri
8. Senior Spiritual Fathers Council-Bishop Philip Religious 047/8
Karanja organisation
9. Full Gospel of Churches of Kenya- Bishop Dr. Religious 047/9
David Macharia organisation
10. Calvary Temple of Kenya-Patricia Jerotich Member of public 047/10
Sawe
11. Calvary Temple of Kenya-Asome Bwire Chris Member of public 047/11
12. Calvary Temple of Kenya Member of public 047/12
13. Louise Yatich Member of public 047/13
14. Calvary Temple of Kenya Member of public 047/14
15. Republic of Kenya VS Patricia Sawe Members of public 047/15
16. Chemtai Advocates Hillary Chemtai 047/16
17. Calvary Temple of Kenya James Nyambane 047/17
18. Calvary Temple of Kenya- Member of public 047/18
19. Calvary Temple of Kenya Member of public 047/19
20. Calvary Temple of Kenya Member of public 047/20
21. Calvary Temple of Kenya Member of public 047/21
22. Calvary Temple of Kenya Member of public 047/22
23. Complain-Louise Bii Yatich Members of public 047/23
24. Oneness Pentecostals Alliance-Bishop Moses Religious 047/24
Masengo organisation
25. Church and Clergy Associations of Kenya- Religious 047/25
Hudson Ndenda organisation
26. Discipleship international Christian church – Religious 047/26
tassia Bishop Mugwanga organisation
27. Senior Spiritual Fathers Religious 047/27
organisation
28. Kenya Christian Voice (KCV)-Apostle Twalib O Religious 047/28
Odongo organisation
29. Full Gospel Churches of Kenya-Bishop Dr. Religious 047/29
David Macharia organisation
30. Evangelistic miracle church international- Electronically
Walwanga Naftal
31. Pastor Julius Kikaka (Repentance) 047/B1
32. SAAJ Nairobi 047/B2
33. Agha Khan Shia 047/B3
34. NAMLEF 047/B4
35. Interreligious Council of Kenya 047/B5
36. United Family Organisations 047/B6
37. Net Ministries Trust 047/B7
38. National Muslim Leaders Forum 047/B8
39. Agha Khan Shia 047/B9
40. Agha Khan Shia 047/B10
41. Agha Khan Shia Imami Ismaili 047/B11
42. Gospel Church Council International (GCCI) 047/B12
43. Inter-Regional Development Agency (IRDA) 047/B13
44. Association of Pentecostal and Evangelical 047/B14
Clergy (APECK)
45. Gentile Followers of the Jewish Messiah 047/B15
46. Clergy Accord Response 047/B16
47. Jesus is Alive Ministry 047/B17
48. Christ Center Churches 047/B18
49. Belluah Clergy Association 047/B19
50. Kenya Conference of Catholic Bishops 047/B20

147
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
51. NCCK 047/B21
52. Jamia Mosque Committee 047/B22
53. Message of the Hour Assemblies 047/B23
54. Council of Imams and Preachers of Kenya 047/B24
55. Kenya Christian Voice (KCV) 047/B25
56. World of Faith Evangelistic Ministries 047/B26
International
57. Message of the hour Assemblies 047/B27
58. The Remnants Apostolic Church Association 047/B28
59. National Council of Churches of Kenya 047/B29
60. Cults, the Devil is Innocent 047/B30
61. Inter-Religious Council of Kenya 047/B31
62. Bible Society of Kenya 047/B32
63. Pentecostal Evangelistic Fellowship of Africa 047/B33
64. Prof. PLO Lumumba 047/B34
65. National Counter Terrorism Center (NCTC) 047/B35
66. Communications Authority of Kenya 047/B36
67. Kenyatta University 047/B37
68. Ministry of Interior and National Government 0045/13
Administration
69. Nyanza Region Report Religious 045/12
organisation
70. Paul Mainga Religious 045/11
organisation
71. Affidavit Religious 045/10
organisation
72. Kenya Assemblies of God Religious 045/9
organisation
73. Ministry of Repentance and Holiness Churches Religious 045/8
organisation

74. The Keumbu Kisii Pastors Prayer Network Religious 045/7

Welfare organisation

75. Etago Sub-County Public 045/6

76. Kitutu Chache North Pastors and Clergy Religious 045/5
Forum organisation
77. Evangelical Alliance of Kenya Religious 045/4
(EAK) - Kenyenya Sub-County organisation

78. President, South Kenya Conference of SDA Religious 045/3

Church organisation

79. Sauti Ya Kanisa Kenya (SYKK) (Kisii Chapter) Religious 045/2

organisation
80. Kisii County Pastor & Clergy Forum Religious 045/1a
organisation
81. The Kisii Municipal Pastors and Ministries Fellowship 045/1

82. Sauti Ya Kanisa Kenya (SYKK) Religious 044/6

organisation
83. Rongo Sub-County Clergy Religious 044/5
organisation
84. Ministry of Repentance and Holiness Churches Religious 044/4
organisation
85. Clergy Accord Religious 044/3
organisation
86. Ministry of Repentance and Holiness Churches Religious 044/2
organisation

87. Awendo Sub-County Pastor’s Fellowship Religious 044/1

organisation
88. Ministry of Repentance and Holiness Churches Religious 043/6
organisation

148
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
89. Ministry of Repentance and Holiness Churches Religious 043/4
organisation
90. Inter-Religious Council of Kenya Religious 043/3
organisation
91. Kenya National Congress of Pentecostal Religious 043/4
Churches and Ministries organisation
92. Free Pentecostal Fellowship (F.P.F.K) Church Religious 043/5
organisation
93. Agano Ark Sanctuary of The Covenant Church Religious 043/1
organisation
94. Exodus Lighthouse Religious 042/3
organisation
95. Ministry of Repentance and Holiness Religious 042/2
organisation
96. Kisumu Clergy Fellowship Religious 042/1
organisation
97. Pastor Joseph Mackio Religious 041/2
organisation
98. Ministry of Repentance and Holiness Religious 041/1
organisation
99. Muslim Organization-Hassan Babu Secretary Religious 040/1
organisation
100. Holiness and Repentance - Grace Okumu Religious 040/2
organisation
101. Holiness and Repentance- Bishop Amos Religious 040/3
Wandera organisation
102. Busia Bishops and Pastors Forum-Bishop Religious 040/4
James Wanyama organisation
103. Mumbo western clergy Association-Bishop Religious 040/5
Samuel M Welimo organisation
104. Shadrack Nyakundi Member of public 040/6
105. The western Kenya clergy consultative forum- Religious 040/7
Bishop Dr. Godfrey Makenzi organisation
106. Bungoma County Clergy and Christian Religious 039/1
Professionals-Bishop Patrick Okumu organisation
107. APECK-Rev. Stephen Echuku Religious 039/2
organisation
108. Grace Gospel Church-Bishop J. Wangige Religious 039/3
organisation
109. Affidavit from Rael Nambuye Nakivoli Religious 039/4
organisation
110. Ministry of Repentance and Holiness Religious 038/9
organisation
111. African Israel Nineveh Church Religious 038/8
organisation
112. Sauti ya Kanisa Kenya Religious 038/7
organisation
113. Evangelical Alliance of Kenya Religious 038/6
organisation
114. Council of Imams and Preachers of Kenya Religious 038/5
(CIPK) organisation
115. Association of Pentecostal and Evangelical Religious 038/4
Clergy of Kenya (APECK) organisation
116. Repentance and Holiness Religious 037/13
organisation
117. Bethwel Sirengo Religious 037/12
organisation
118. NCCK Religious 037/11
organisation
119. Evangelical Alliance of Kenya and Para church Religious 037/10
organization-Bishop Mwanjilaw organisation
120. The Western Kenya Clergy Consultative Religious 037/9
Forum-Dr. Bishop Godfrey Makenzi organisation
121. Pentecostal Vocation Training Institutions of Theological school 037/8
Kenya

149
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
122. Affidavit-Idris Mohammed Members of public 037/7
123. NAMLEF Religious 037/6
organisation
124. Sauti ya Kanisa-Obed Bett Chelugui Religious 037/5a
organisation
125. Iqra project-Miriam Wandati NGO 037/5
126. Kangethe and Co. Advocate Law firm 037/4
127. Alliance of Registered Churches-Bishop Daniel Religious 037/3
Lubanga organisation
128. Submission-PEFA, SIPK Religious 037/2
organisation
129. Sauti ya Kanisa-Apostle Jackson Sikolio Religious 037/1
organisation
130. Wesley Kipkoech Langat Individual 035/1
131. Tiwi Technical Working Group (TWG) Civil Society 034/1
132. Ministry of Repentance & Holiness Religious 034/2
organisation
133. Supreme Council of Kenya Muslims (SUPKEM) Religious 034/3
organisation

134. National Council of Churches of Kenya (NCCK) Religious 034/4

organisation

135. Kajiado County Evangelicals & General Views Religious 034/5

from different denominations and Ministries organisation

136. Ministry of Interior & National Administration, Government 034/6

State Department for Correctional Services
137. Kitengela Muslim Association (KIMA) Religious 034/7
organisation
138. Angelical Pentecostal & Evangelical Clergy of Religious 034/8
Kenya (APECK) organisation
139. Sauti ya Kanisa Kenya Religious Umbrella religious 034/9
organisation
140. What is the Baha’i Faith Religious 034/10
organisation
141. Affidavit from Agnes Achieng-Repentance and Religious
Holiness organisation 032/1
142. Affidavit from Moses Kimani Ngige-Repentance Religious 032/2
and Holiness organisation
143. Affidavit from Ruth Awuor -Repentance and Religious 032/3
Holiness organisation
144. Happy Church Ministries International Religious 032/4
organisation
145. Repentance and Holiness Ministry- Dr. Joseph Religious 032/5
Masinde organisation
146. Nakuru County Muslim Leaders -Sheikh Religious 032/6
Mgabo El Hassan organisation
147. Nakuru Bishops Association Council of Religious 032/7
Bishops - Bishop Charles Marita organisation
148. Christ Dominion Church-Bishop Julius K Religious 032/8
Chepsat organisation
149. Repentance and Holiness-Irene Religious 032/9
organisation
150. Jehovah Gods Message-Jane Wanjiku Njenga Religious 032/10
organisation
151. Freemasonry – A way of Life Newspaper 032/11
152. Amani Christian fellowship-Rev John Mirara Religious 032/12
organisation
153. Sage Space for the Muslim child in relation to NGO 032/13
her/his secular religion education-Haji Juma
154. Nakuru Christian Leaders-Bishop Boniface Religious 032/14
Gitau organisation

150
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
155. My opinion-Joseph Mwangi Gatura Member of public 032/15
156. Gaplink International-Tom Mboya Ochieng NGO 032/16
157. Sauti ya Kanisa Kenya - Prof. Obed Bet Religious 032/1 7
Chelugui organisation
158. Helgate Clergy ward proposal-Rev. John Ngige Religious 032/18
organisation
159. APECK Pentecostal Evangelical Clergy of Religious 032/19
Kenya-Micah Kinengich organisation
160. Affidavit of Ruth Awuor- Repentance and Religious 032/20
Holiness organisation
161. Revised constitution of the Kenya church Religious 032/21
Christ-Dr. Peter Warutere organisation
162. Nakuru Believers Religious Electronically
organisation submitted
163. Kim Subukia Members of public Electronically
submitted
164. George Kurenji Members of public Electronically
submitted
165. Martha Wanjiru Members of public Electronically
submitted
166. Ministry of Holiness and Repentance Religious 031/1
organisation
167. SUPKEM 031/2
168. Supreme Council of Kenya Religious 030/1
organisation
169. Repentance and Holiness Religious 030/2
organisation
170. Marigat Sub-County Hospital Individuals 030/3
171. Teacher from Kabarnet Individual 030/4
172. Paul Kipchirchir Individual 030/5
173. Fancy Saliandoi Individual 030/6
174. Affidavit by John M. Kiplagat Individual 030/7
175. Jane Njeri Waweru Individual 030/8
176. Ways of the Christ Faith Ministry and Religious 030/9
Churches organisation
177. Sauti ya Kanisa Kenya Religious 030/10
organisation
178. Baringo County Clergy Religious 030/11
organisation
179. Clergy-Peter Keitany Members of public Electronically
submitted
180. Ministry of Interior and Administration Ministry 029/1
Government
181. Religious Leaders in Nandi (Bishops Caucus) Religious 029/2
organisation
182. CIPK Religious 029/3
organisation
183. Muslims in Nandi Religious 029/4
organisation
184. Evangelical Alliance of Kenya (EAK) Religious 029/5
organisation
185. Maendeleo ya Wanawake Civil Society 029/6
186. Kapsabet Pastors Fellowship Religious 029/7
organisation
187. Mr. Kassim Mohamed Members of public 029/8
188. Ministry of Repentance and Holiness Religious 029/9
organisation
189. Office of the County Secretary Government County Government 029/10
190. Sauti ya Kanisa Kenya Religious 029/11
organisation

151
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
191. Pentecostal and Evangelical Clergy of Kenya Religious 028/1
(APECK) organisation
192. Ministry of Repentance and Holiness Religious 028/2
organisation
193. Uasin Gishu County Church & Clergy Religious 027/1
Association of Kenya organisation
194. Moi University Chaplaincy Program Kenya & Educational 027/2
Religion Today Institution
195. Pioneering Visionary Church of Christ Religious 027/3
International Organization
196. Ministry of Repentance and Holiness Religious 027/4
organisation
197. Ev. Stanley Matthew Muttai Religious Leader 027/5
198. Interim Professional Association of Chaplaincy Professional 027/6
in Kenya Association
199. Ministry of Repentance & Holiness Religious 027/7
Organization
200. Eldoret Town Uasin Gishu Clergy & Christian Religious 027/8
Professionals organisation
201. The Interfaith Council – Uasin Gishu Chapter Religious 027/9
organisation
202. Evangelical Alliance of Kenya-Trans-Nzoia Religious 026/10
County organisation
203. Ministry of Repentance and Holiness- Trans Religious 026/9
Nzoia County organisation
204. Association of Pentecostal and Evangelical Religious 026/8
Clergy of Kenya organisation
205. Mike Musungu Religious 026/7
organisation
206. Ministry of Repentance and Holiness-Trans Religious 026/6
Nzoia County/ Esther Nyakoya Oyunzu organisation

207. Inter-Religious Council of Kenya –Trans Nzoia Religious 026/5

Chapter organisation
208. Sauti ya Kanisa Kenya (SYKK) –TransNzoia Religious 026/4
Chapter organisation
209. Church and Clergy Association of Kenya Trans Religious 026/3
Nzoia Chapter organisation
210. Unlimited Gospel Ministries International Religious 026/2
organisation
211. Trans Nzoia Church Religious 026/1
organisation
212. Jamia Mosque Religious 025/1
organisation
213. Young Muslim Association (Amina) Religious 025/2
organisation
214. Ministry of Holiness & Repentance Religious 025/3
organisation
215. Samburu County Pastors Fellowship Religious 025/4
NCCK/EAK & Dominion Church (Bishop organisation
David Lebarleyia
216. CIPK – Council of Imams & Preachers Religious 025/5
Samburu Chapter organisation
217. SUPKEM– Samburu Chapter Religious 025/6
organisation
218. Supreme Council of Kenya Muslims Religious 024/6
organisation

219. Pastors of West Pokot County Religious 024/4

organisation
220. Ministry of Repentance and Holiness Churches Religious 024/3
organisation
221. West Pokot Pastors Fellowship Group Religious 024/2
organisation

152
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
222. Unlimited Gospel Ministries International Religious 024/1
organisation
223. The Voice of Turkana Church Religious 023/03
organisation
224. Claus Masaya Aluda Civil society 023/02
225. Turkana Muslim leaders Religious 023/01
organisation
226. Jane Nyambura Macharia Individual 022/15
227. Kiambu County Clergy Forum (KCCF)- Bishop Religious 022/14
Michael Chege Karanja organisation
228. Sauti Ya Kanisa Kenya (SYKK)- Kiambu Religious 022/13
Chapter organisation
229. Clergy Accord -Bishop Julius Mwangi Mugo Religious 022/12
organisation
230. Association of Pentecostal and Evangelical Religious 022/11
Clergy of Kenya - Bishop Geoffrey Gichuki organisation
231. City Rebuilders Prayer Movement Bishop Religious 022/10
Antony Maina organisation
232. Judah Pastors Fellowships -Pastor Francis Religious 022/9
Muchai organisation
233. Githurai Sub-County Pastors Forum -Pastor Religious 022/8
Martin Magu organisation
234. Kiambaa Kenya -Ayub K. Muiai Religious 022/7
organisation
235. Ministry of Repentance and Holiness Churches Religious 022/6
-Sen Deputy Archbishop Simon Gitau Ngugi organisation
236. Hon. Simon Ng’ang’a King’ara, MP - Ruiru Elected leader 022/5
Constituency
237. Kiambu County Pastors Fellowship -Dr. Religious 022/4
Bishop Kennedy Mbatia organisation
238. Apostle Benson K. Muthee- The Gospel Religious 022/3
Churches Council International (GCCI) organisation
239. Victory Church International Ruiru Rev. Religious 022/2
Veronicah WN organisation
240. Commission for Hope Chapel - Pastor Religious 022/1
Livingstone organisation
241. Association of Pentecostal and Evangelical Religious 021/11
Clergy of Kenya-Rev. Martin Kangethe Wachira organisation
242. Kiharu Pastors Fellowship Bishop George Religious 021/10
Kariuki organisation
243. Ministry of Repentance and Holiness Churches Religious 021/09
-Deputy Archbishop Rufus Mwangi organisation
244. Faith Family Church-Pastor Robert Maina Religious 021/08
Rukenya organisation
245. Sauti Ya Kanisa Kenya (SKK) – Murang’a Religious 021/07
Chapter organisation
246. Evangelical Alliance of Kenya - Apostle James Religious 021/06
Githaiga Wachira organisation
247. Anglican Church of Kenya Diocese of Mt. Religious 021/05
Kenya Central Rev. Edwin Gicheru organisation
248. JPRC PCEA Murang’a Parish - Rev. Timothy Religious 021/04
Igathe organisation
249. Council of Imams and Preachers of Kenya-Al Religious 021/03
Haji Shaban Gakera Bakari organisation
250. Murang’a Muslim Community - Sheikh Religious 021/02
Abdillahi Ali organisation
251. Kenya National Congress of Pentecostal Religious 021/01
Churches and Ministries (KNCPCM) -Bishop organisation
George Gakuru
252. Supreme Council of Kenya Muslims Religious 020/9
organisation
253. Muslim Community of Kirinyaga County Religious 020/8
organisation
254. Truth Preachers of the Endtime Message of the Religious 020/7
Hour organisation

153
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
255. Ministry of Repentance and Holiness Churches Religious 020/6
organisation
256. Kagio Gospel Light International Ministry Religious 020/5
organisation
257. Kirinyaga County Clergy Forum Religious 020/2
organisation
258. Association of Pentecostal and Evangelical Religious 020/1
Clergy of Kenya organisation
259. Apostle Harrison Macharia- Gospel Embassy Religious Electronically
Worship Centre organisation submitted
260. Ministry of Holiness and Repentance Religious 019/1
organisation
261. Pentecostal and Evangelical Clergy of Kenya Religious 019/2
organisation
262. National Congress of Pentecostal Churches Religious 019/3
and Ministries organisation
263. SUPKEM- Nyeri Chapter Religious 019/4
organisation
264. Charitable Institution Charitable Institution 019/5
265. Affidavit Members of public 018/1
266. Affidavit Members of public 018/2
267. Affidavit Members of public 018/3
268. Nyandarua Youth Youth group 018/4
269. Affidavit Members of public 018/5
270. Nyandarua county clergy Religious 018/6
organisation
271. Nyandarua Muslim Community Religious 018/7
organisation
272. Pentecostal and evangelical clergy of Kenya Religious 018/8
organisation
273. Repentance and Holiness Religious 017/1
organisation
274. Sauti ya Kanisa Kenya Religious 017/2
organisation
275. Evangelical Alliance of Kenya (EAK) Religious 017/3
organisation
276. Council of Imams & Preachers of Kenya (CIPK) Religious 017/3
organisation
277. Makueni House of Bishops Religious 017/3
organisation
278. Unnamed Memo Individual Religious 017/3
organisation
279. Fellowship of Christian Union (FOCUS) Kenya Religious 016/1
organisation
280. Evangelical Alliance of Kenya (EAK) Religious 016/2
organisation
281. Machakos Clergy Forum Religious 016/3
organisation
282. Supreme Council of Kenya Muslims (SUPKEM) Religious 016/4
organisation
283. Sauti ya Kanisa Kenya, Machakos Chapter Religious 016/5
organisation
284. Muslim Community of Machakos Religious 016/6
organisation
285. Bishop SS. Kiema Religious 016/7
organisation
286. Ministry of Repentance and Holiness Religious 016/8
organisation
287. Kitui Town Clergy & Christian Professionals Religious 015/1
organisation

154
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
288. Sauti ya Kanisa Kenya, Kitui Chapter Religious 015/2
organisation
289. Humanitarian Diplomatic Chaplaincy Civil Society body 015/3

290. Restoration Worship Ministries Religious 015/4

organisation
291. Mwingi Bishops Forum Religious 015/5
organisation
292. National Muslim Leaders Forum (NAMLEF) Religious 015/6
organisation
293. Muslim Community of Kitui County Religious 015/7
organisation
294. Johnson Makau Members of public 014/1

295. Jamia mosque Religious 014/2

organisation
296. Suleiman Kibingei Members of public 014/3

297. Eizabeth Wangui Members of public 014/4

298. Shoghi Emere Member of public 013/1

299. Sauti ya Kanisa-Obed Bet Chelugui Religious 012/13

organisation
300. Meru County Clergy- Bishop Edward Buria Religious 012/12
organisation
301. Melland-Gatwiri Member of Public 012/11

302. Meru Muslims Community Mohamed Salim 012/10

303. National Muslim Leaders forum (NMLEF) Religious Association 012/9

304. Supreme Council of Kenyan Muslims-Meru Religious 012/8

County Executive Committee organisation
305. Repentance and Holiness-Archibishop Sammy Religious 012/7
Mwenda organisation
306. Sauti ya Kanisa-Obed Bet Chelugui Religious 012/6
organisation
307. Muslim Community Religious 012/5
organisation
308. Affidavit of Banis Nelly Kigame-Repentance Religious 012/4
and Holiness organisation
309. Nkubu Pastors fellowship Imenti South- Religious 012/3
Richard Musangi organisation
310. Meru County and Bishops Network Religious 012/2
organisation
311. Cosmas Ngeno Member of public 012/1

312. Oasis of Living Water Deliverance church Member of public 012/14

Makutano
313. Star of Hope Association, NAMLEF SUPKEM, Religious 011/01
The Islamic Foundation, Merti Holy Quran organisation
Centre, Isiolo County Imams and Madrasa
Teacher, Forum (ICMIT), Al-Ansar Muslim
Group, CIPK
314. Ministry of Repentance and Holiness Religious 011/02
Churches-Hajufle Joshua organisation
315. Sauti ya Kanisa Religious 011/03
organisation
316. Sauti ya Kanisa-Marsabit Chapter Religious 010/7
organisation

155
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
317. Sauti ya Kanisa-Obed bet Chelugui Marsabit Religious 010/6
organisation
318. Marsabit Pastors Fellowship-Rev. Lore Said Religious 010/5
organisation
319. Supreme Council of Kenya Muslims Religious 010/4
organisation
320. Gazette Notice-Elizabeth Kamiru Member of public 010/3

321. Repentance and Holiness-Victor Ekiru Religious 010/2

organisation
322. NAMLEF- Wabillahi Tawfiq Religious 010/1
organisation
323. Supreme Council of Kenya Muslims- Religious 009/3
Abdulmajid Khalif Mohamed organisation
324. National Muslim Leaders Forum Wabillahi Religious 009/2
Tawfiqh organisation
325. Ministry of Repentance and Holiness Churches Religious 009/1
- Ezekiel Elungat organisation
326. Abdi Billow Member of public 008/7

327. Ministry of Repentance and Holiness Rev. Religious 008/6

John Owili organisation
328. Muslim Community of Wajir County-Hassan Religious 008/5
Osman Ahmed organisation
329. Own Submission Grace Wandia Member of public 008/4

330. National Muslim Leaders Forum Wabillahi Religious 008/3

Tawfiqh organisation
331. CIPK, SUPKEM, NAMLEF Sheikh Abdinasir Religious 008/2
organisation
332. Sauti Ya Kanisa Kenya (SYKK) – Wajir Chapter Religious 008/1
organisation
333. Ministry of Repentance and Holiness Churches Religious 007/3
organisation
334. Garissa Pastors Fellowship-Rev. Joseph Religious 007/2
Mutunga- organisation
335. Bishop and Pastors Forum-Bishop Solomon Religious 007/1
Kunga- organisation
336. Peter M. Mwabili Member of public 006/12

337. Council of Imams and Preachers of Kenya Religious 006/11

(CIPK) organisation
338. Ministry of Repentance & Holiness Religious Religious 006/10
Organization organisation
339. Association of Pentecostal and Evangelical Religious 006/9
Clergy of Kenya (APECK) organisation
340. Rev. Godfrey Mwanjulu Mwarema Clergy 006/8

341. Rev. Charles Mwawaza Clergy 006/7

342. National Council of Churches of Kenya (NCCK) Religious 006/6

organisation
343. Taita Taveta Bishops Welfare Association Religious 006/5
organisation
344. Sauti ya Kanisa Kenya Religious 006/4
organisation
345. Joint Church Umbrella religious organisations Religious 006/3
organisation
346. Evangelical Alliance of Kenya (EAK) Religious 006/2
organisation

156
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
347. Taita-Taveta County Pastor’s Fellowship Religious 006/1
organisation
348. Repentance and Holiness – Bishop Antony Religious 005/1
Munene organisation
349. Supreme Council of Kenya Muslims Religious body 005/2

350. Lamu Church Report-Bishop Jeremiah Kikuvi Religious 005/3

organisation
351. Ministry of Repentance and Holiness Religious 004/6
organisation

352. Upper Pokomo BTL Project Civil Society 004/5

Organization
353. SUPKEM Religious 004/4
organisation
354. Pastors Fellowship Religious 004/3
organisation
355. Hola pastors fellowship Religious 004/2
organisation
356. Pastors Fellowship Religious 004/1
organisation
357. Sauti ya Kanisa-Prof Bet Chelugui Religious 003/23
organisation

358. Masjid Rahman Member of a religious 003/22

association

359. Sheikh Amani Hamisi Member of public 003/21

360. SUPKEM-Bakar Nasib Religious association 003/20

361. Malindi Sub-county collective Muslims Religious 003/19

362. Joy fellowship Ministries Religious 003/18

organisation

363. Commissioner for Jesus outreach Ministry Religious 003/17

organisation

364. Kilifi County youth learning circle and Kenya Religious association 003/16
youth Muslim Alliance

365. Clergy accord Religious 003/15

366. Fiysabil-lah Tabligh Markaz Member of public 003/14

367. Markaz Gongoni Member of public 003/13

368. Submissions Member of public 003/12

369. Malindi Education and Development NGO 003/11

foundation

370. Tawfiq Muslim Youth-Ahmedi Hadi Member of a religious 003/10

Association

371. Council of Imams and preacher of Kenya Religious 003/09

organisation

372. Islamic Studies-Dar Almudathir Professional 003/08

157
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
373. Madrasatu watamu Religious 003/07
organisation

374. National Muslim Leaders forum-Abubakar Religious association 003/06

Awadi

375. Malindi Sub-County Pastors Religious association 003/05

376. Kenya Fatwa Council-Mr. Ahmed Agmad Religious Association 003/04

377. Council of Muslim Teachers and preachers Religious association 003/03

welfare association-Ustadh Aman

378. Malindi Women in Fisheries Entrepreneurship Business ladies 003/02

379. Department of Agriculture Livestock Ministry 003/01

Development and fisheries

380. Muslim lawyers-Barke Burjra Muslim lawyers 003B1

381. Muslih Athman Sizi Member of public 003B2

382. Diaspora Council of Churches-Prof. Lucas Religious 003B3

Njenga organisation
383. CIPK Kwale County Religious 002/3
organisation
384. Ministry of Repentance and Holiness Churches Religious 002/2
organisation
385. SUPKEM Religious 002/1
organisation
386. Christ Formation Chapel Ministries Religious 001/1
organisation
387. Young Women's Christian Association of Religious 001/2
Kenya organisation
388. Kenya Christian Voice Religious 001/3
organisation
389. National Muslim Leaders Forum Religious 001/4
organisation
390. A Proposal by Muslim Lawyers Religious 001/5
organisation
391. Old Town Residents Association Private 001/6

392. Bridge Resort Private 001/7

393. Ministry of Interior Government 001/8

394. Kenya Muslim Women Alliance Religious 001/9

organisation
395. Religious Responses Religious 001/10
organisation
396. Changamwe Peace Technical Group Civil Society 001/11

397. Haki Africa Civil Society 001/12

398. APECK Religious 001/13

organisation
399. Kenya Muslim Scholars Union Religious 001/14
organisation
400. Matuga Youth Watch Civil Society 001/15

158
S/NO. ORGANISATION/INDIVIDUAL INTEREST GROUP REFERENCE
NO.
401. Council of Imams and Preachers of Kenya Religious 001/16
organisation
402. Diani Technical Working Group Civil Society 001/17

403. Kenya Conference of Catholic Bishops Religious 001/18

organisation
404. Sauti ya Kanisa Kenya Religious 001/19
organisation
405. Repentance and Holiness Religious 001/20
organisation

OTHER ELECTRONICALLY SUBMITTED MEMORANDA

S/NO. INDIVIDUAL/INTEREST GROUP REFERENCE

NO.
1. Robert Kibet 048/1
2. Denis Meriti/Katwa 048/2
3. Pastor Muema 048/3
4. Mwenda Jamlick 048/4
5. Mbiyu Jackson 048/5
6. Kenya Fatwa council 048/6
7. Josiah Musili 048/7
8. Josepg Nkurumba 048/8
9. Elizabeth Wangui 048/9
10. Alliance of registered churches of Kenya-Potter Macleish 048/10
11. William Lekadaa 048/11
12. Nicholus Kyalo 148/12
13. Veronica Kaguru 148/13
14. Silas Muriuki 048/14
15. Nicera Njoki 048/15
16. John Mwaniki 048/16
17. Mary Ambula 048/17

OTHER ELECTRONICALLY SUBMITTED MEMORANDA

S. No ORGANIZATION/TITLE OF SUBMISSION SUBMITTED BY

18. Own Submission Yussuf Aboud Said

19. Truth Preachers of the End Time Message of Hour Apostle John Wachira Wambugu
20. Bible Society of Kenya Mrs. Elizabeth Muriuki
21. The Revealed Gospel Church Bishop Daniel Njagi Gitahi
22. Own Submission Hussein Ahmed Hussein
23. Kenya National Bureau of Statistics KNBS
24. Own Submission Eric Ireri Mungai
25. All Homes Shabab Paul Mwangi Ndereba
26. Siaya County Consultative Forum Bishops and Parachurch Leaders
27. Christ Dominion Church Rev. Peter K. Keitany
28. Healing Evangelist Ministries Foundation Church Pst. Shaphat Abuko Kombo
(Shaphatabu)
29. National Police Service, Directorate of Criminal Mohamed Amin
Investigations
30. Senior Spiritual Fathers Council of Kenya Bshp. Stephen Gachengo
31. Own Submission David Bor
32. Religious Freedom Bill, 2011
33. Legal and Regulatory Framework Suggestions
34. Regulation of Religion in Kenya Reconciliation at the Cross
Ministry
35. Christ Dominion Church Rev. Peter K. Keitany
36. Christ Dominion Church Rev. Peter K. Keitany
37. Own Submission/ Memorandum on Regulating the Moses Maina
religious organisations,

159
 charitable institutions and non-governmental
institutions
38. Own Submission Bishop Daniel Njagi Gitahi
39. Own Submission George Otieno
40. Kingly Season Missioners Church Dr. Ezekiel Muendo Kiilu
41. Secular Kenyans Coalition Morris Wachira Wanjohi
42. The Remnant Apostolic Churches Association Pst. Joel Gatama
43. Kenya Christian Professionals Forum (KCPF) Philip Mwangale

44. Own Submission Michael Bett

45. Net Ministries Trust Rev. Kenyanito Dudi
46. Own Submission Nicholas Otieno
47. Own Submission Paul Kaiba Kibiku
48. World Antioch Revival Church/ Kisumu Team, RCC Hall Dr. Pst. Charles Ngundo
49. Own Submission Prof. Riang’a Bw’ Orang’o
50. Humanitarian Diplomatic Chaplaincy Dr. Ezekiel Muendo
51. Own Submission Enock Wafula
52. Interregional Development Agency (IRDA) Bishop Philip Kitoto
53. Christian Science Committee on Publication for Kenya Gatwiri Isaac
54. Kenya Institute for Public Policy Research and Analysis KIPPRA
(KIPPRA)
55. National Council of Churches of Kenya (NCCK) Archbishop Timothy Ndambuki
56. Kitui Town Clergy and Christian Professionals Bshp Joseph Nganda
57. Own Submission Lucas Njenga
58. Kariokor Methodist Church, Nairobi Leonard Gituma
59. Evangelical Alliance of Kenya (EAK), Religious Freedom EAK
Bill, 2016
60. Evangelical Alliance of Kenya (EAK), Proposed Religious EAK
Regulation Structure
61. Evangelical Alliance of Kenya (EAK), Recommendations EAK
62. Evangelical Alliance of Kenya (EAK), Members List EAK
63. Evangelical Alliance of Kenya (EAK), Responses to EAK
questions for thematic areas
64. National Police Service, Directorate of Criminal Mohamed Amin
Investigations
65. Own Submission Kariokor Methodist Church
Member
66. Own Submission Rosemary Kuria
67. Institute of Certified Secretaries (ICS) Fcs Jeremiah Karanja
68. Revealed Gospel Church Daniel Njagi
69. Own Submission Apostle Francis Nguku
70. Legal Notice-The Societies Act (Cap 108) DCI
71. Annexure 10 DCI
72. Annexure 6 DCI
73. Annexure 5 DCI
74. Annexure 4 DCI
75. Annexure 8 DCI
76. Annexure 7 DCI
77. Annexure 2 DCI
78. Annexure 2B DCI
79. Annexure 1 DCI
80. AEGA Ministries International Inc. Kenya Titus Mokoh
81. African Conference of Christian Churches Bishop David K. Mgomba
82. Ministry of Repentance and Holiness
83. The National Council and College of Bishops Kawa
84. Daniel Kathex Daniel
85. White mail Nicholas Musyoki
86. Veronica Kaguru Veronica Kaguru
87. Alliance of Registered churches of Kenya
88. William Lekadaa Rev. William Lekadaa
89. Mount Zion Seventh Day Church of God Bishop Wesley Kipkoech Langat
90. Jamlick Mwenda
91. Martha Wanjiru
92. Mary Abula
93. Mbiyu Jackson
94. Bislmillah Rahman Rahim Johnson Makau

160
95. Nicera Njoki
96. Pastor Mwema Bishop Paul
97. Shoghi Emere Indira Baha’I Faith
98. Bomet Jua Kali Association Jonah Rotich
99. The Hour Assemblies of Nakuru
100. Baringo County Clergy Bernard Wasike
101. Leveraging on religious and faith based organization Josiah K. Musili

102. Silas Muriuki Jonathan Leeman

103. Kenya Fatwa Council Ahmed Ahmed Badawy
104. The Oasis of Living waters Muslih Adhman size
105. Repentance and Holiness Elizabeth Karuiru
106. John Mwaniki
107. Joseph Nkurumba Joseph Nkurumba
108. Message of the hour Assemblies South Rift
109. Kim Subukia
110. Diaspora Council of Churches Prof. Lucas Njenga
111. Jamia Mosque Embu
112. Repentance and Holiness
113. Own Submission Ahmed Warjadia
114. Own Submission Apolinary Tulu
115. Malindi Women in Fisheries
116. Entrepreneurship Manthura Yussuf Abdulrazaki
117. Department of Agriculture, Livestock Development and Manthura Yussuf Abdulrazaki
Fisheries, Fisheries Directorate
118. Own Submission
119. Daniel Muendo
120. Machakos Clergy (Welfare) Forum Elijah W. Nzuki
121. Advocates from Ministry of Repentance and Holiness Elizabeth Karuiru

122. Anglican Church of Kenya (ACK) (Review of the Legal and Prof. William Otiende Ogara
Regulatory Framework Governing Religious
Organisations in Kenya)
123. Proposal of Message of the Hour Assemblies to the Billington Muchiri
Taskforce appointed by the President of Republic of
Kenya on religion after Shakahola Massacre
124. Own Submission (From Ministry of Repentance and Romano Mutembei
Holiness)
125. Own Submission Samuel Ndung’u
126. Muslims in Nyeri County Yahya Mahinda Kagachu
127. Own Submission Virginia Wambua
128. Religious Organisations Taskforce on Extremism Rev. Godfrey Mwanjulu Mwarema
129. Own Submission Annrisphah Wanjiku Thuo
130. Code of Conduct of the Church of Kenya, Hesabika Trust EAK
131. Religious Freedom Bill, 2016 EAK
132. Gospel Embassy Worship Center Apostle Harrison Macharia
133. Hustler Pastors who are driving bicycles or foot jumping Pastor David Karanja
134. Kenya Christian Voice Apostle Twalib Okello Odongo
135. Own Submission Lydia Kariuki
136. Kenya Christian Professional’s Forum (KCPF) Philip Mwangale

137. Religious Freedom Bill, 2011 KCPF

138. Sauti Ya Kanisa Kenya Collins Melford
139. IRCK,CCAK Bishop Raymond Mutama
140. Additional Comments Abdi Billow
141. Own Submission Jacinta Mugito Mbajo

161
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Bjørgo, T., & Ravndal, J. A. (2019). Extreme-right violence and terrorism:

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Boseletswe, C. (2019). Botswana closes down Bushiri’s Church. Available at:

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Coertzen, P. (2014b). Constitution, Charter and Religion in SA.

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DNA Web Team. (2017). Horrific: Priest feeds followers ‘holy water’ with rat
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Ellerbeck, D. (2017). The Charter of Religious Rights and Freedoms, and a

Code of Conduct for Religion.

Ellerbeck, D. (2017). The Charter of Religious Rights and Freedoms, and a

Code of Conduct for Religion.

eNCA. (2019). The rise of charismatic Churches in SA. Available at:

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Radikalisierung.

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French Government. (2015). Stop-Djihadisme: Agir contre la menace

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Gabela, M. (2023). An exploration of the policing of religious extremism in

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Gabela, M. (2023). An exploration of the policing of religious extremism in

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Guyson, N. (2016). Of false Prophets: Meet the Pentecostal preacher taking on

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Sselwanga, D. (2019). After Pastor Bugingo, what next? The Observer. 24

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