The Religious Organisations Bill, 2024

Background

Under Article 32 of the Constitution of Kenya, every person has the right to freedom of conscience, religion, thought, belief, and opinion. However, Kenya has historically faced challenges due to fragmented regulations, which have allowed extremist and predatory religious organisations to emerge. Currently, the legal framework lacks a unified enforcement agency to monitor funds, operations, and leadership qualifications. The Religious Organisations Bill, 2024 seeks to establish a singular regulatory body and clear guidelines to ensure religious groups operate transparently and respect human rights.

Key Amendments

• Societies Act (Cap. 108): Amends Section 2 of the Act to explicitly exclude registered religious organisations and umbrella religious organisations from the definition of a "society" (Section 37).
• Office of the Registrar of Religious Organisations: Establishes this new office to maintain a register, issue or revoke registration certificates, and inspect premises and records at least once a year (Sections 4, 6).

New Obligations

• Registration Requirements:
  • Religious Organisations: Must be supported by at least 25 natural persons of the same faith, endorsed by an umbrella religious organisation, and have a board of trustees where at least two-thirds are Kenyan citizens (Section 11).
  • Umbrella Religious Organisations: Must comprise at least 25 registered religious organisations, be endorsed by five natural persons with no criminal record, and employ at least one financial and one legal professional (Section 12).
• Display of Certificates: Organisations and their branches must conspicuously display their certificate of registration at their places of operation (Section 16).
• Filing of Annual Returns: Every organisation must submit annual returns to the Registrar on or before July 31st. This must include audited accounts, a member register, list of leaders with educational credentials, bank statements, source of funding, and a declaration of assets and liabilities (Section 32).
• Financial Separation: Separate bank accounts must be kept for religious donations (tithes, offerings) and commercial income (Section 31). Tax exemption is restricted only to funds demonstrated to benefit society or fully applied to charitable causes.

Penalties

• Unregistered Operations: Managing or assisting an unregistered religious organisation carries a fine up to KSh 5 million, jail terms up to three years, or both (Section 10).
• Failure to Display Certificate: A fine up to KSh 1 million for the organisation, and up to KSh 500,000 or six months' imprisonment for its officers (Section 16).
• Failure to Comply with Information Calls: Failure to supply accounts or minutes on request by the Registrar carries a fine up to KSh 10 million for the organisation, and a fine up to KSh 5 million or up to 10 years' imprisonment for individual officials (Section 18).
• Failure to File Annual Returns: A fine up to KSh 10 million for the organisation, and up to KSh 3 million or two years' imprisonment for officials (Sections 23, 28).
• Conversion and Exploitation Offences: Coercive conversions, offering religious teachings to a child without parental consent, violating children's rights, and financial exploitation carry a fine up to KSh 10 million, up to five years' imprisonment, or both (Section 34).

Transitional Provisions

• General Compliance: Existing religious and umbrella religious organisations must fully comply with the provisions of this Act within two years of its commencement (Section 36(1)).
• Theological Qualifications: The requirement that religious leaders hold a degree, diploma, or certificate in theology takes effect six years after the commencement of the Act (Section 36(2)).