Contentious regulations that irk religious leaders

The Attorney General and Communications Authority of Kenya have announced a string of measures aimed at taming “unscrupulous preachers” in the country.

The regulations have however elicited sharp criticism from a section of religious leaders who have seen it as a scheme by the government to infringe on the freedom of worship.

ODM has also vehemently opposed the move saying the party will not tolerant attempts by government to constrict freedom of worship using “draconian laws” terming the move unconstitutional and one that should be resisted.

CORD co-principal and Wiper leader Kalonzo Musyoka has also joined members of the clergy in criticising the move saying it signifies Jubilee’s disregard for freedom of worship.

Despite Deputy President William Ruto and Attorney General Githu Muigai insisting that there was no malice in crafting of the regulations, several religious groups including the Evangelical Alliance of Kenya, led by Bishop Mark Kariuki, saying they were not consulted in the process.

Proposed regulations

Among the contentious clauses that are causing ripples among religious leaders are the pointers barring religious leaders from using religion to ask for financial help or influence others to change their belief.

“Religious personnel should not misuse religion to exploit audiences by asking them to support them financially or abuse of a person’s belief in order to convince that person to change her/his belief and subscribe to the beliefs of the person challenging her/him,” states one of the provisions in the guidelines.

According to the guidelines, released by the Communications Authority of Kenya, “all religious programmes shall be geared towards emphasizing the positive role of religion in the society.”

Religious programmes are also prohibited from spreading false charges against persons or organisations with different belief while individual religious groups are cushioned against being treated inappropriately.

“Such programmes shall not be used to maliciously attack, insult, harass or ridicule other churches, faiths, sects or denominations or their followers merely because of their belief.”

Broadcasters are also required to ensure that religious programmes do not improperly exploit any susceptibilities of the audience with the programmes required to give due regard to the freedom of religion and religious expression.

The regulations further cautions broadcasters  against discriminately treating religious groups over the others in religious programming, though the rule does not apply to stations specialising on religious programming.

Religious leader are also required to have theological certificate, submit annual financial returns, and disclose their physical addresses.

Other clauses states that: “Religion and religious activities of those belonging to a particular religion shall not be misinterpreted. Broadcasters must use their best endeavour to provide accurateness and correctness s of the content of religious programmes.”

The regulations also state that Kenya is a multi-religious nation whose laws guarantee safeguard and protect the freedom of worship and association.

President Uhuru Kenyatta has however moved to calm the brewing storm by directing the Attorney General Professor Githu Muigai to ensure thorough consultations are held between all groups to resolve the matter.

In a statement sent to media houses by State House Spokesman Manoah Esipisu, the President called on Professor Muigai to ensure that the current draft regulations are subjected to “further vigorous public consultations so that they in no way undermine the fundamental values and principles enshrined in the constitution.”

By @benjaminwafula