
doi: 10.2139/ssrn.6212298
<p>The Religious Organizations Bill, 2024 was introduced in the wake of the Shakahola tragedy and other high-profile cases of religious extremism and exploitation in Kenya. It sought to close perceived regulatory gaps by mandating registration of religious organizations, requiring theological qualifications for leaders, enforcing financial transparency, maintaining registers of members, and prohibiting coercive conversion and indoctrination. This study critically examines the Bill’s implications for the right to freedom of worship guaranteed under Article 32 of the Constitution of Kenya 2010. Employing doctrinal legal research, analysis of statutes, case law, and scholarly literature, together with a comparative review of religious regulation frameworks in South Africa and Rwanda, the research assesses the tension between state intervention for public order and the protection of religious autonomy. While the Bill aimed to enhance accountability, curb commercialization of faith, and prevent abuse, its provisions were found to risk undue interference in internal religious governance, hindrance of evangelism, and disproportionate burdens on minority and indigenous faith communities. These concerns, coupled with inadequate public participation, led to the Bill’s withdrawal in late 2024. The study concludes that Kenya’s existing framework (Societies Act, Trustees (Perpetual Succession) Act, Income Tax Act, and Penal Code) already provides sufficient tools to address criminal conduct. Effective reform should therefore center on self-regulation through accredited umbrella bodies, targeted transparency and financial reporting requirements, proportionate sanctions focused on harm rather than belief, strengthened child-safeguarding measures, and robust judicial oversight. Such an approach would safeguard both religious liberty and public welfare without compromising the constitutional separation of church and state.</p>
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