- To address this issue, it is imperative to establish clear boundaries between religion and politics.
- Religious leaders should engage in robust debates on societal issues without promoting partisan interests.
Image: FILE
In recent times, the country has witnessed a growing conversation surrounding the need to regulate religious practices, particularly in response to the proliferation of churches preaching the gospel of prosperity.
This discourse has been fuelled by unfortunate incidents such as the Shakahola massacre, where numerous lives have been tragically lost during an alleded fasting and prayer session in Malindi, Kilifi county. More than 200 bodies have so far been exhumed in the expansive Shakahola forest which is said to be owned by Pastor Paul Mackenzie.
Additionally, concerns have been raised about religious leaders cozying up to politicians, diluting their roles as moral compasses and custodians of societal well-being.
However, amidst these challenges, it is crucial to acknowledge the country's commitment to freedom of religion as provided for by the constitution, which be said to be tolerant to everyone’s belief or lack of.
The country has also seen significant legal developments that reaffirm commitment to freedom of religion. This week’s Court of Appeal ruling that children cannot be compelled to profess a specific faith in schools underscores the importance of allowing individuals to explore and choose their own religious paths.
The decision aligns with constitutional guarantees of freedom of thought, conscience, belief and opinion. It affirms that children should have the right to religious autonomy and underscores the principle of non-coercion in matters of faith.
Additionally, the recognition of rastafarianism as a religion by the court demonstrates the country's commitment to inclusivity and the protection of minority beliefs. It sends a strong message that religious freedom extends beyond traditional faiths and ensures that diverse religious expressions are acknowledged and respected.
Balancing the need for regulation with constitutional provisions for freedom of expression is essential to protect the populace while respecting individual liberties. While regulating religion can have its advantages, such as protecting citizens and ensuring accountability, it can also have its disadvantages, such as violating religious freedom and leading to government interference.
However, there are examples from around the world that highlight the need for regulation in some cases.
In India for example, there have been cases of religious leaders promoting hate speech and inciting violence against minority groups. This has led to communal riots and violence, which have claimed many lives and caused significant social and economic damage. In such cases, regulating religious speech that promotes violence and hate can help prevent such incidents.
However, it is important to note that regulation must be done carefully and with respect to religious freedom.
In China, for example, the government has cracked down on religion, particularly in the Xinjiang region where the Uighur Muslim minority lives. The government has closed mosques, banned traditional Islamic dress and detained millions of Uighurs in internment camps. This has been widely criticised as a violation of religious freedom and human rights.
For a long time in the country, prosperity gospel-focused churches have sparked calls for regulation. It is crucial to distinguish between legitimate concerns regarding exploitative practices and the overarching right to freedom of religion.
While the Constitution of Kenya guarantees freedom of worship, it also emphasises the protection of public order, health and morality. The government has a duty to ensure that religious institutions do not pose a threat to societal well-being or exploit vulnerable individuals.
One potential avenue for regulation is through the establishment of clear guidelines and standards for religious organisations. Similar to other sectors, religious institutions should be subject to registration, regular audits and accountability mechanisms to safeguard the public.
Such regulations can ensure transparency in the financial operations of churches, preventing fraud and the misuse of donations. It is essential to strike a balance between religious autonomy and public interest, creating an environment where faith can flourish responsibly.
The entanglement of religious institutions with politics has raised concerns about the erosion of moral leadership. When churches align themselves closely with political figures or parties, their primary role as spiritual guides can be compromised.
Instead of offering unbiased counsel, they risk becoming instruments of political manipulation or endorsing policies that are not in the best interests of the congregation or society at large. The current government, especially the presidency, has become a darling of the evangelical churches.
To address this issue, it is imperative to establish clear boundaries between religion and politics. Religious leaders should engage in robust debates on societal issues without promoting partisan interests.
The government, on its part, must avoid instrumentalising religious leaders for political gain. Encouraging religious institutions to focus on their core spiritual mandates will help restore faith in their leadership and foster a more impartial society.
While discussions on regulating religion are essential, it is crucial to ensure that such regulations do not infringe on the freedom of expression guaranteed by the constitution. The right to express one's beliefs, critique religious practices, or advocate for change is fundamental in a democratic society.
Balancing regulation with freedom of expression requires a delicate approach, where limitations are carefully crafted to protect individuals without stifling constructive dialogue or dissent.
As the country navigates the complex terrain of regulating religion, it is imperative to strike a delicate balance between protecting the public interest and safeguarding individual liberties.
Senior programme officer at Article 19 Eastern Africa