Kenyan government unveils tough new rules for religious organizations

NAIROBI, Kenya—The Kenyan government has proposed a raft of tough new measures that will radically affect the way religious organizations operate.

According to the attorney general, the new draft rules are aimed at dealing with religious organizations that have been misusing religious freedom and exploiting their members. The rules are, in part, a response to public outcry after the media exposed activities by some church leaders accused of getting rich at their followers’ expense.

The draft regulations require registration of religious organizations and mandate theological qualifications for religious leaders. They also require churches to belong to umbrella organizations in an attempt to promote self-regulation, and mandate declaration of income sources, annual returns, audited accounts, and all assets and liabilities.

Religious organizations also will have to disclose whether members of the same family hold leadership positions in the organization. Moreover, they will have to state whether they have any affiliations with foreign religious groups.

Previously, churches and other religious organizations applying for registration were only required to file forms detailing the names of office-bearers, a postal address, and their objectives.

Churches under the umbrella of Kenya National Congress of Pentecostal Churches and Ministries (KNCPCM) said they were opposed to any move to regulate congregations. Bishop Mark Kariuki of Deliverance Church, chairman of KNCPCM, expressed shock at the draft regulations, saying there were no adequate consultations between the government and religious organizations.

Small, non-affiliated churches are protesting the requirement that their leaders have a certified copy of a theological certificate from a duly registered and accredited institution. Most small congregations did not previously emphasize formal training for their pastors.

One other contentious rule requires religious leaders to provide tax clearances or exemption certificates where applicable when applying for their practice licenses. The government aims to get information on property ownership, which will greatly affect churches where property appears to be in the hands of the founders. In recent times, Kenyans have witnessed court battles between church leaders over ownership of church property, with claims and counter-claims of ownership between individuals and churches.

Churches with headquarters outside Kenya will have to declare that, and at least a third of their officials will be required to be Kenyan citizens. So far, none of the small churches have expressed a desire to be registered outside the country. But it’s an option many of them likely will consider to avoid the cumbersome registration process many feel is targeting them unfairly.

Kariuki said church leaders are still talking about the proposed rules and other issues before they issue a comprehensive statement. The rules will go into effect by the end of January.

How do other African countries handle church registration?

None of Kenya’s neighbors handle church registration the same way. In countries where Christianity is the minority religion, churches face many challenges, unlike in countries where Christians are in the majority.

In South Sudan, religious institutions are registered with the religious affairs department. Before the country gained its independence from Sudan, churches refused registration after the Islamic regime in Khartoum used the process to restrict freedoms. Officials frequently limited church activities by withdrawing registration certificates and licenses, and confiscating or destroying property belonging to churches.

Churches soon stopped registering with the government, leaving only para-church institutions and organizations to register. Now, churches like the Episcopal Church of South Sudan, the Catholic Church and the Presbyterians are registered by the South Sudan Council of Churches, an ecumenical body that operates in both South Sudan and Sudan. But the mushrooming number of small churches, including splinter groups from the mainline churches, are subjected to government registration.

In Ghana, the Christian Council of Ghana has been given oversight responsibility over all Christian organizations. It includes groups such as the National Association of Charismatic and Christian Churches of Ghana, the Ghana Pentecostal Council, and independent congregations.

The Christian Council of Ghana meets annually to deliberate national issues. Under Ghanaian laws, churches are not taxed but are required to channel their resources into social amenities, such as schools and hospitals.

In Togo, churches and Christian ministries could once register as secular associations. But now religious organizations must be registered differently from other associations. Registering a Christian organization takes a long time, between six months and one year.

In Sierra Leone, Christian organizations are registered by the Ministry of Interior for a certificate of authorization to exist as a non-governmental organization. Once the government approves the application, an organization is issued a temporary certificate for three years. Every year, the organization must give a report on its activities. Based on these yearly reports, the organization can get permanent authorization, after paying the required fees.