- The Law Society of Kenya now wants an independent body established to supervise the operations of religious organisations in a bid to tame extremism.
- In a raft of radical legal proposals to the senate committee investigating the cult deaths in Shakahola, the lawyers’ lobby wants the body to investigate complaints against religious leaders.
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The Law Society of Kenya now wants an independent body established to supervise the operations of religious organisations in a bid to tame extremism.
In a raft of radical legal proposals to the senate committee investigating the cult deaths in Shakahola, the lawyers’ lobby wants the body to investigate complaints against religious leaders.
LSK President Erick Theuri asked the senate to amend the Society’s Act to provide for the formation of the entity to foster a collaborative approach between the state and religious organizations.
“While Churches have also put some self-regulatory mechanisms in place, this self-regulatory mechanism is not sufficient enough to protect persons from all forms of abuse by errant religious leaders,” Theuri said.
At least at 316 of bodies believed to be of followers of cult leader Paul Makenzie have been exhumed so far after dying from hunger or murder.
Some sixty-five people have been rescued, although some refuse to eat.
The LSK boss proposed told the Senator Danson Mungatana (Tana River) to amend the Act to tighten the registration procedures of religious organisations
“There is need to establish clear eligibility criteria for registration, such as minimum membership, organizational structure, financial accountability, and adherence constitutional principles and values,” he said.
“This will help prevent the formation of exploitative religious organizations while ensuring that genuine religious groups align and respect the constitutional values, human rights, and public welfare,” said Theuri.
Theuri held that religious organizations need to provide comprehensive information, including their leadership structure, sources of funding, and purposes of spiritual practices, as part of the registration process.
According to Theuri, although there is Societies Act in place, it does not expressly state who may register a Church.
“This means any person, regardless of their theological background, can register a Church. The absence of a requirement invites all persons including con artists to apply for registration.
He said that the current Act does not adequately address the issue of transparency and accountability by religious leaders.
Theuri proposed that that there is need to review and update the legislation and the Penal Code to reflect the emerging issues and deter individuals and groups from exploiting religious rights.
“A comprehensive framework for religious organizations needs to be enacted to make registration for all religious groups operating in Kenya mandatory.”
“This will foster transparency, accountability, and facilitate efficient scrutiny of religious activities to ensure compliance with national laws, human rights, public safety, and prevent the emergence of radicalized or harmful groups,” the lawyers body proposed.
Besides the legal reforms, the lawyers’ organization proposed development of educational programs to promote critical thinking, tolerance, and respect for diverse beliefs which can help individuals resist extreme indoctrination.
“We proposed establishing independent bodies, such as religious watchdog groups or ombudsman offices, can help ensure accountability and prevent extreme indoctrination,” he said.
Theuri told the Senators that requiring religious organizations to be transparent about their activities, teachings, and funding sources will help identify any potential signs of extreme indoctrination.
He said the government should create platforms for reporting and sharing information regarding suspicious activities, enabling concerned individuals to come forward.
“Promoting media literacy and providing psychological support for individuals who have been subjected to extreme indoctrination are essential in empowering them to resist and challenge extremist ideologies.”
“These measures should be implemented while respecting freedom of religion and expression, ensuring that legitimate religious practices are not curtailed,” he said.
Theuri held that while the freedom to practice one’s religion is a fundamental human right, it becomes problematic when it involves the manipulation and coercion of individuals.
“There is need for a balance to be stricken between respecting religious freedom and protecting individuals from harmful practices associated with indoctrination.
“The requisite legal frameworks should be developed and enforced to safeguard individuals from coercive and harmful practices in Kenya.”