Churches to Report Financial Details Under New Law

If the new draft law is approved, all churches and religious organizations will be required to submit their financial reports to the government each year to help prevent misuse of funds and unfair practices.

On Tuesday, the Presidential Taskforce on Religious Organizations handed the draft Religious Organizations Bill 2024 to President William Ruto.

The bill suggests creating a Religious Affairs Commission to handle religious matters. If this plan goes forward, then every religious group in Kenya will need to provide the commission with financial reports, accounts, a list of members, 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.“ The draft reads.

The bill also stated that if someone intentionally falsifies or omits information in any required document, they will face a fine of up to 100,000 shillings.

“Any person who willfully makes or orders, causes or procures to be made any false entry in or omission from any return, register of members, account, or other document furnished under this section commits an offense and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both.”

If a religious institution does not submit its annual returns, it will be suspended for a maximum of six months.

Inspection of Accounts and Records Required

According to the proposed regulation, accounts and member records of any religious institution must be open to inspection by office bearers, members, the Religious Affairs Commission, or anyone authorized by the commission.

“Any person who obstructs the registrar or any such person authorized by the commission in the carrying out of an inspection under subsection (1) commits an offense 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,” it reads.

The draft law assigns the Religious Affairs Commission the task of registering religious organizations, umbrella groups, and religious associations. Additionally, the commission will oversee religious affairs.

It shall also receive and review the annual returns of religious organizations, umbrella religious organizations, and religious associations and monitor the compliance of religious institutions.

Commission to set policies and advise on religious matters

Additionally, the commission will create and enforce policies for religious organizations, advise the government on religious issues, establish and publish a code of conduct, and research and share information on matters affecting religious institutions.

“Sensitize the public on religious liberty, religious tolerance, religious extremism, and abuse of the freedom of religion and belief; and the Religious Organizations Bill, 2024,” the proposal states.

Furthermore, the draft proposal enables the commission to collaborate with public and private entities, along with regional and international organizations, to enforce the law effectively.

The proposal will also include a chairperson appointed by the President, the Attorney-General or their representative, the Treasury Principal Secretary (PS), and the PS responsible for internal security or their representative.

Additionally, the proposal includes a person nominated by the Evangelical Alliance of Kenya, another nominated by the National Council of Churches of Kenya, one from the Kenya Conference of Catholic Bishops, and a representative nominated by a joint forum of Muslim umbrella organizations.