Draft Religious Organisation Bill concerns: Muslims urged to give their input

Following a call for public participation on the Draft Religious Policy and Organization Bill 2024, the technical team formed by the Muslim leadership to examine the regulatory framework governing religious organisations has issued an invitation to community members to provide their input on the proposed law.

The Draft Bill arises from the recommendations of a taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations appointed by President William Ruto in May last year.

Based at Jamia mosque Nairobi, the technical team chaired by Sheikh Ibrahim Lethome was formed to analyze the Bill and its impact on Muslims. The team has already raised concerns on some aspects of the law that could have negative ramifications for the operations of Muslim religious organisations.

From the views gathered, the technical team will come up with an appropriate memorandum on behalf of the Muslim community to be submitted to the State Department for National Coordination, which is charged with implementation of the task force recommendations.

“Jamia Mosque, Nairobi, is spearheading efforts to present a united front on behalf of the Muslim community and therefore invites the Muslim community to submit their memoranda on the document via email at feedback@jamiamosque.co.ke before 22nd October 2025,” said a notice from the technical committee.

The Bill was published on July 29, 2025, after the Cabinet adopted the report of the presidential task force and is currently undergoing public participation.

The Bill can be accessed through the following link, The Religious Organisations Bill, 2024.pdf

Once enacted, the Bill seeks to regulate the formation, registration, and administration of religious organizations, as well as their activities.

Among its main focal points, the proposed law seeks to establish the Religious Affairs Commission that will provide a legal and institutional framework to facilitate and regulate the operations of religious institutions in the country. “The Commission will provide and promote oversight of religious affairs, monitor the compliance of religious institutions, develop and implement a policy on religious organizations, and develop and publish a code of conduct for religious organizations,” read part of the bill.

The functions of the Commission will include registering religious organizations, umbrella religious organizations, and religious associations.

In this regard, no person shall establish, manage, operate, or assist in the establishment, management, or operation of a religious organization or an umbrella religious organization unless it is registered in accordance with the law.

“Any person who contravenes this regulation commits an offense and is liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years, or both,” the Bill states.

Membership of the Commission will be composed of 5 people, three of whom will be from Christian churches, while Muslims and Hindus will each have one representative. “These are some of the many concerns that we have with this law. Muslims form a significant population in the country, at least 30 percent of the population, but we are only given one position, same as the Hindus who don’t even comprise one percent of the population,” said Sheikh Lethome.

He emphasized that with the Commission handling all matters regarding religious organizations, it is essential that Muslims are well represented so as to safeguard the interests of the community.

With the proposed law, office bearers of any religious organization will be required to have a certified copy of a certificate, diploma or degree in theology or its equivalent from a recognized theological institution.

Further, umbrella religious organizations will be mandated to oversee and regulate the religious organizations registered under them, develop a theological training curriculum and a code of conduct for religious leaders, review and set qualifications for religious leaders as well as review doctrines and religious teachings, among other functions.

Nairobi lawyer Farhan Chaudhri expressed concerns that the regulation by the State and the imposition of specific qualifications for religious leaders could be seen as infringement of the freedom of religion as espoused in the constitution. “We need mechanisms where our ulamaa (scholars) regulate our own institutions in the tenets we believe in. The government can play an oversight role but we self-regulate,” said the lawyer who also a member of the technical committee.

The 2024 Bill foresees that the Commission shall not approve the registration of a religious organisation unless both the umbrella religious body and the Commission give their approval.

Further, all religious organisations will undergo vetting from government agencies before their application is considered.

In addition, any religious organization having an association with a political entity will be denied registration. “The Commission could also reject an application of an organization if it is affiliated to or connected with any organization or association of a political nature,” read part of the proposed law.

Among other proposals, every religious organization and umbrella organization shall furnish the Commission with annual audited accounts, a list of registered members, a list of all religious leaders and their educational qualifications, a declaration of current assets and liabilities, a tax exemption or clearance certificate, all bank statements operated by the organization, and operating licenses and permits. Failure to adhere to these requirements will see the organization suspended for six months.

“The fear is that the stringent registration and regulation requirements could hinder the formation and operation of religious organizations, thereby limiting the right to Freedom of Association,” observed Farhan.

The proposed reforms were developed in response to the Shakahola massacre, which came to light in April 2023 after the discovery of more than 400 bodies buried in shallow graves at Shakahola Forest in Kilifi County. Pastor Paul Mackenzie, the head of the Good News International Church, is currently facing charges of murder and child torture of his followers, who starved to death on his instructions in the belief that it was the only route to heaven.