Weaknesses in the law and Kenya’s democratic credential have been cited as the reason why the State has failed to reign in religious groups that run afoul of the law.

Attorney General Justin Muturi told a Committee of the Senate on Wednesday May, 10th 2023, that Societies Act, which regulates the sector is old and mundane, pleading with Parliament to work with the executive to fast track the law.

“The Act that allows for registration of such groups is loose. It was enacted over 50 years ago and it is not fit for purpose because there have been major developments ever since then,” said AG Muturi.

He further revealed that the provisions of the Act limit the capacity of the Office of Registrar General to punish the associations that violate the law pointing that his office has developed a draft Bill which addresses the weaknesses in the current law.

AG Muturi, whose served as the Speaker of National Assembly in both the 11th and 12th parliaments, made the comments when he appeared before the Ad Hoc Committee of the Senate which is investigating the deaths in Shakahola Village, Kilifi County, related to the activities Goodnews International MInistires linked to Pastor Paul Mackenizie, who is currently in custody.

The committee, which is chaired by Tana River Senator Danson Mungatana, is also inquiring into the proliferation of religious groups which they believe have become harmful to the Kenyan society.

AG Muturi was accompanied by Registrar General Maria Goretti and Registrar of Societies Jane Joram.

Under the Act, a society is defined as any group that includes a club, company, partnership or other associations of ten or more people whatever its nature established in Kenya.

According to the Office of Registrar General, the societies registry holds records of over 100,000 registered societies out of which 40,000 are religious in nature.

The Committee was also told that most of these associations violate the law as few file annual returns as required by the law.

AG Muturi told the committee most files of these associations are filed manually, noting that it could be part of the lapses that have caused the lapses in the sector leading to non-compliance with the law among the groups and in some cases deaths, as is the case in Shakahola.

“Manual registration of 100, 000 groups require serious investment in human capital,” he told the committee during the first day of its public hearing, it is not easy for his staff to comb through such huge files to see whether they comply with the provisions of the law.

Records at the Registrar indicate that Goodnews International Ministries was registered on September 22, 2010 and was issued with certificate of registration No 32918 and file number 58868. The physical location of the church was is provided as plot No 121 Ganda Road, Malindi.

Pastor Mackenzie is listed as chairman of the association, Raphael Riziki Baya as his vice chairman, and Smart Deri Mwakalama as Secretary General. 

Lucia Wanjiku Kinuthia is listed as secretary, Sebastian Kashero (Treasurer) and Alexander Muema Musango as the Assistant Treasurer.

In May 2022, there was an attempt on change of name of office bearers of the Goodnews International but it fell through because of the failure by those who were pushing to comply with the requirements of its constitution.

The committee was told that the Goodnews International Ministries and Newlife Prayer Center and Church, which is associated with Pastor Ezekiel Ombok, were among those that have failed to file the law, whose penalty is deregistration, AG Muturi said the groups could not be deregistered because of fear of litigations.