Nakuru Clergy Rejects Proposed Religious Regulation Law

By Suleiman Mbatiah

Efforts to regulate religious institutions have met resistance from Nakuru clergy, who say the Religious Organisations Bill, 2024, could marginalize smaller churches and concentrate authority within select umbrella bodies, raising concerns about religious freedom and institutional independence.

Clergy under the Nakuru County Bishops’ Council acknowledged the Bill’s intent to enhance accountability but warned that several provisions threaten constitutional protections and undermine long-standing governance systems within faith-based organisations.

They argue that churches already operate under established doctrines, internal constitutions, and ethical frameworks, making state-imposed codes of conduct unnecessary and potentially intrusive in matters of faith, doctrine, and internal administration.

The proposed Religious Affairs Commission, mandated to develop policies and a unified code of conduct, has drawn criticism for failing to reflect the diversity of Kenya’s religious landscape, which includes independent churches and varied denominations.

“The imposition of a state-developed code of conduct risks undermining established religious norms and amounts to undue interference in matters of faith and internal church governance,” Council’s chairman Bishop Dr Samwel Muya said.

Concerns have also been raised over the composition of the commission, which includes presidential appointees and representatives from selected umbrella bodies, potentially excluding emerging ministries and independent churches from meaningful representation.

Speaking in Nakuru, the clergy further criticized academic qualification requirements for commissioners, noting that many respected religious leaders derive authority from spiritual formation and practical ministry experience rather than formal theological degrees.

“Requiring endorsements from umbrella organisations and academic certification risks locking out genuine ministries and concentrating power in a few institutions, which undermines fairness and inclusivity,” Secretary General Bishop John Omollo noted.

Additional provisions requiring at least fifty members for registration and mandatory annual returns have been described as restrictive, with clergy warning that smaller or emerging congregations could be denied legal recognition or face punitive sanctions.

The council also cautioned against provisions limiting political engagement, stating that while partisan misuse of pulpits should be discouraged, the church plays a critical role in promoting accountability, justice, and civic responsibility.

Restrictions on religious expression, including clauses addressing healing and miracles, were flagged as potentially criminalizing legitimate faith practices, despite existing laws already addressing fraud and exploitation.

Drawing comparisons with countries such as the United Kingdom and South Africa, clergy noted that regulation abroad focuses on financial accountability without interfering in doctrine, offering models that balance oversight with constitutional freedoms.

“The Bill in its current form imposes intrusive controls that do not reflect the realities of the religious sector and risks silencing an essential moral voice in society,” council member Bishop Dr Jackson Mwangi decried.

The bishops concluded by calling for the withdrawal of the Bill, arguing that its current framework fails to safeguard religious liberty, respect institutional autonomy, and accommodate the diversity of Kenya’s faith-based organisations.