The Jesus is Alive Ministries (JIAM) and the Repentance and Holiness Ministries have rejected a proposal for the government to regulate religious institutions in the wake of the deaths in Shakahola Forest linked to Mr Paul Makenzie. 

The two institutions appeared before the Senate Ad hoc Committee on Monday, July 24, 2023.

The committee, which is chaired by Tana River senator Danson Mungatana, is investigating the deaths which so far has a hit a record 425 and still counting.

Former Starehe MP Margret Wanjiru, who is the presiding Bishop of JIAM, told the committee the sector is already well regulated under the Societies Act (Cap 108) which is also anchored in the constitution guaranteeing the freedom of worship. 

Other supporting legislations she cited are, The Marriages Act of 2014, The Companies Act, The Matrimonial Property Act no. 49 of 2013, The Trustees (Perpetual Succession Act), Occupational Safety and Health Act of 2007, and the Penal Code. 

“There are sufficient laws to regulate churches, what is lacking is the self-regulation of different religions. Across the world most countries allow self-regulation and the rights to institutional religious freedom, recognized by most Governments,” said the Bishop, arguing that religious matters belong to the spiritual realm. 

“Religious issues cannot be fully comprehended by the natural or secular mind. In Kenya we have different religions. It would be impossible for the state to practically and fully understand every religion,” she explained, adding that religious matters should be left to religious leaders and organizations. 

She called for the representation of every faith within the law. To accommodate every faith i.e. Christian, Muslim, Hindu etc. 

In her submission, she proposed that registration of religious institutions be removed from the Societies Act and a new Law that will anchor religious organisations be established.

She further proposed a self-regulation structure of constructed on four or five levels. These are Grassroots/branches of religious organizations, headquarters of the religious organizations (denominations), Umbrella bodies, Council or Commission of faith, and registrar of religious organizations. 

Mr Gerald Odiwour Kelly, a lawyer who made presentation on behalf Prophet David Owuor of Repentance and Holiness, took a similar argument.

“The existing legal framework in which religious organisations operate is sufficient and requires no further laws in addition. Lack is only in regards to their implementation,” he said in his submission.

He argued that every citizen whether Christian, Muslim, Hindu, Buddhist, or whichever that other religion is bound by the existing laws both in civil and criminal conduct. This irrespective of colour, creed, age or gender.

Mr Kelly said self-regulation offers religious leaders the opportunity to set standards by which they agree to be bound.