Shakahola Task Force: Protecting Freedom Of Religion in Kenya
Following the recent Shakahola tragedy where hundreds of people are believed to have died in a cult led by Paul Nthenge Mackenzie, President William Ruto formed a Task Force to look into Religious Organizations. The Task Force has been tasked with identifying loopholes in the system and then suggesting legal and governance amendments that will help curb religious extremism. They are also to find a way to regulate Religious Institutions in Kenya.
Kenya is a secular country, however, the freedom of religion has been enshrined in our constitution. The secularity of the country simply means that there is no official State Religion.
According to the Constitution of Kenya Chapter Four, Part 2, Article 32, Kenyans have the following religious freedoms:
- Every person has the right to freedom of conscience, religion, thought, belief and opinion.
- 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.
- A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.
- A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.
Basically, the Constitution gives Kenyans the right to believe in whatever they want and without anyone telling them otherwise. They also have the right to practice their religion or belief in any way they like, alone or with others, as long as they are not breaking the law or harming anyone. Moreover, they cannot be discriminated against or denied any opportunity because of their religion or belief. Finally, they cannot be forced to do something that goes against their religion or belief.
There is however an argument to be made that the current legal system does not adequately address the various challenges and needs of Religious Institutions in Kenya. Currently, these Institutions are under the Societies Act, which regulates all non-governmental organizations in Kenya. This legislation does not capture the various nuances and specificities of Religious Institutions, such as their doctrines, practices, structures, and finances. There is a need for an Act of Parliament that will deal specifically with Religious Institutions and cater for their unique needs.
The Shakahola Task Force is an opportunity to bring about such a law because both parties (Religious Institutions and Government) have been forced by circumstances to finally come together and discuss these issues. The Task Force is chaired by former National Council of Churches of Kenya (NCCK) Secretary-General Mutava Musyimi and has 14 members from various religious backgrounds. It will also engage the public through various forums to collect various views and opinions. The Task Force is expected to serve for six months and present a report to the President.
Many Religious Leaders see this as a positive step towards addressing the challenges facing Religious Institutions in Kenya. It is hoped that the Task Force will come up with recommendations that will enhance Religious Freedom and harmony in the country. The task force should also propose measures that will ensure accountability and transparency among religious institutions,while protecting their autonomy and rights.
One of the possible measures that the Task Force could consider is the establishment of umbrella bodies that Religious Institutions could belong to. These umbrella bodies could act as self-regulatory mechanisms that could keep their affiliated institutions in line with ethical standards and best practices. They could also act as intermediaries between their members and the government, facilitating dialogue and cooperation on matters of mutual interest.
Religion can be a source of hope and inspiration for many people, but it can also be a source of danger and destruction if misused or abused. Religious Freedom is an absolute right that is protected in the Constitution and it should never be curtailed by secondary laws, but it also requires a certain level of responsibility. The Task Force is an opportunity for Kenya to find a balance between protecting Religious Freedom and preventing religious extremism, and to create a legal and policy framework that will cater to the nuances of the various religions we have here.
