Highlights of the findings and recommendations of the Presidential Taskforce on Review of The Legal and Regulatory Framework Governing Religious Organisations in Kenya.
The Taskforce made the following findings relating to key legal, institutional and governance challenges and gaps in the existing legal and regulatory frameworks governing religious organisations:
- Absence of a comprehensive policy framework and distinct legislation for religious organisations.
- Lack of a distinct legal framework tailored to the unique needs of religious organisations.
- Inadequate statutory clarity on the nature of crimes committed under the guise or the pretext of religion.
- Insufficient regulation of religious media content.
- Inadequate devolved registration and regulatory services for religious organisations.
- Non-existence of a specialised dispute resolution mechanism dedicated to addressing conflict within religious organisations.
- Inadequate civic education and awareness programmes, with insufficient provisions for rehabilitation and reintegration of persons affected by religious extremism.
- Lack of a comprehensive multi-sectoral reporting and enforcement mechanism to address issues of religious extremism and radicalization.
- Absence of uniform standards for the registration and formal recognition of religious organisations.
- Deficit in established minimum standards of education, training, and certification for religious leaders.
Recommendations
- Formulating and adopting a sound policy framework on the operations of religious organisations.
- The enactment of a specific statute for religious organisations to provide clarity on appropriate legal personality, registration requirements, and clarity on crimes/offences committed under the guise/pretext of religion.
- The establishment of a Religious Affairs Commission under the new statutory framework to provide oversight over religious organisations in Kenya.
- Establishment of umbrella religious organisations for purposes of facilitating self-regulation.
- Implementation of self-regulation of religious organisations through recognition and strengthening of umbrella bodies.
- Adoption of a hybrid model of regulation of religious organisations
comprising self-regulation and Government oversight within the context of the Constitution and the law.
- Amendment of the Kenya Information and Communication Act (KICA), and any other statute to strengthen a framework for regulating religious content in media within the context of the Constitution.
- Development and review of the basic education curriculum to address the importance of religious tolerance and to inform and caution the Kenyan public against religious extremism.
- Development and review of material for civic education that addresses the rights and responsibilities of religious organisations and citizens, and highlights the dangers of religious extremism.
- Set educational prerequisites and standards for religious leaders to cover competence and conduct which should be determined by registered umbrella bodies.
- Formulation, implementation and strengthening of multi-sectoral collaborative reporting mechanisms comprising, among others, existing government security infrastructure, interfaith organisations, and educational institutions among others.
- Monitoring, evaluation, and reporting to ensure proper implementation of the policy framework.
- Formation of a Committee to oversee the implementation the recommendations in this Report.