Bill seeks to have churches, religious organisations file annual financial reports

All churches and religious groups will need to share their financial records with the government each year If the draft Religious Organisations Bill, 2024 is passed into law.

The bill suggests setting up a Religious Affairs Commission to manage religious matters. All religious institutions in Kenya would need to provide the commission with financial reports, accounts, member lists, and other necessary documents.

"Any religious institution which files its returns out of time shall pay such penalty for late filing as may be prescribed," reads the draft bill.

The bill was handed over to President William Ruto on Tuesday by the task force reviewing Kenya's religious regulations.

Anyone who deliberately makes false entries or omissions in any returns, member registers, accounts, or other documents required under this section will be committing an offence. They could face a fine of up to Sh100,000, a prison term of up to one year, or both.

At the same time, religious institutions that fail to file their annual returns will face a suspension of up to six months.

The proposed regulations also state that the accounts and member registers of any religious institution can be inspected by an office bearer, a member of the institution, the Religious Affairs Commission, or anyone authorised in writing by the commission.

"Any person who obstructs the registrar or any such person authorised by the commission in the carrying out of an inspection under Subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year, or to both," the draft bill says.

According to the draft bill, the Religious Affairs Commission will be tasked with registering religious organisations, umbrella religious organisations and religious associations and providing oversight of religious affairs.

It will also receive and review the annual returns of religious organisations, umbrella organisations and religious associations and monitor compliance.

Code of conduct

The commission will also create and enforce a policy for religious organisations, advise the government on religious issues, develop and publish a code of conduct for these organisations, and conduct research on matters affecting them, sharing the findings with the public.

"Sensitise the public on religious liberty, religious tolerance, religious extremism and abuse of the freedom of religion and belief; and the Religious Organisations Bill, 2024," the draft bill says.

The draft proposal also grants the commission the authority to work with public and private entities, as well as regional and international organisations, to enforce the law.

The commission will be led by a chairperson appointed by the president and will include the Attorney-General or their representative, the Treasury Principal Secretary, and the Principal Secretary for internal security or their representative.

It will also have representatives nominated by the Evangelical Alliance of Kenya, the National Council of Churches of Kenya, the Kenya Conference of Catholic Bishops, and a joint forum of Muslim umbrella organisations. The Hindu Council of Kenya will also nominate a person to the commission. It will also have the Registrar of Religious Organisations.

Every member, including the chairperson, will hold office for three years and shall be eligible for re-appointment for a further and final term of three years.