President William Ruto on Tuesday, July 30, 2024, received a report of the Presidential Task force on the Review of the Legal and Regulatory Framework Governing Religious Organizations.
State House in a statement on Tuesday said that the task force, led by former Gachoka MP and former NCCK Secretary-General Mutava Musyimi, submitted its comprehensive report to President Ruto.
According to the statement, the government is set to enforce strict new regulations on religious institutions following recommendations from the team which was formed in the wake of the Shakahola massacre.
“We will continue to safeguard and protect the freedom of religion, but at the same time mitigate its potential abuse to harm Kenyans,” said President Ruto.
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.
Further, 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 preservation of public interest, safety welfare and good as protected by the Constitution.
Recommendations of the Shakahola Task force
The task force’s report outlines a robust framework designed to ensure that religious organizations operate within the law and maintain ethical standards.
This 14-member team has proposed several bold measures, including the re-registration of all religious institutions under stringent vetting procedures which aim to safeguard the freedom of religion while preventing potential harm to Kenyan citizens.
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“The Registrar of Religious Organizations should be empowered under the proposed Religious Organizations Bill to deregister and publicize names of individuals and groups linked to religious extremism, cultic, and occultism practices,” notes the report.
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.
Proposals
Key proposals include formulating and adopting a sound policy framework on the operations of religious organizations and the enactment of a specific statute for religious organizations to provide clarity on appropriate legal personality, registration requirements, and clarity on crimes/offences. committed under the guise/pretext of religion.
In addition, the task force has called for the establishment of a Religious Affairs Commission under the new statutory framework to provide oversight over religious organizations in Kenya.
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Establishment of umbrella religious organizations for purposes of facilitating self-regulation and Implementation of self-regulation of religious organizations through recognition and strengthening of umbrella bodies, also form part of the recommendations.
“Adoption of a hybrid model of regulation of religious organizations comprising self-regulation and Government oversight within the context of the Constitution and the law. 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,” read part of the report.
The taskforce recommended for 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.
Other Recommendations
At the same time, development and review of material for civic education that addresses the rights and responsibilities of religious organizations and citizens and highlights the dangers of religious extremism was recommended.
Religious leaders are also set to undergo educational prerequisites and standards to be determined by registered umbrella bodies which aim at covering competence and conduct.
“Formulation, implementation and strengthening of multi-sectoral collaborative reporting mechanisms comprising, among others, existing government security infrastructure, interfaith organizations, and educational institutions among others.
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,” the report adds.
The formation of this task force was a direct response to the Shakahola tragedy, which claimed the lives of over 429 people due to what authorities have termed “religious extremism and sinister misrepresentation of faith.”
The task force had been mandated to identify the legal, institutional, and governance challenges that have allowed the growth of extremist religious organizations and formulate proposals to prevent such entities from endangering public health, safety, and national values.
These recommendations are set to undergo monitoring, evaluation, and reporting to ensure proper implementation of the policy framework.
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