ODM condemns govt over attempts to regulate religious organisations

The Orange Democratic Party (ODM) has condemned the perceived attempts by the government to regulate religious organisations in the country.

Speaking after holding this year’s first National Executive Council (NEC) meeting in Nairobi on Tuesday, ODM Secretary General Ababu Namwamba stated that the party will not tolerant attempts to constrict freedom of worship using “draconian laws” terming the move unconstitutional and one that should be resisted.

The announcement by government that it will enforce new regulations to govern how churches conduct their activities has sparked outrage from members of the clergy with some accusing Jubilee of turning on them.

While Deputy President William Ruto has moved to reassure the Church that the regulations are only aimed at taming fake preachers and conmen without infringing on the right of worship, the clergy has viewed it as a plot to muzzle the Church.

In his address at the Jesus Celebration Church at Bamburi in Mombasa on Sunday, Ruto stated that the government would make necessary amendments to ensure that only those using religion for selfish gains would be penalise in the new rules.

“I want to confirm to you that we are products of Sunday schools. I am a product of an altar call and I want to assure you that the government that I have a say in will not do contrary to what the scripture teaches,” he said.

“Necessary adjustments and amendments will be made so that we do not penalise men of God who are doing what God has given them an opportunity to do.”

Evangelical Alliance of Kenya, led by its chair Bishop Mark Kariuki has expressed its displeasure with the new regulations saying it was not consulted in its drafting.

The Alliance rejected the guidelines issued by Communications Authority of Kenya saying the call for the registration of churches is aimed at crippling growth.

The Bishop said they will call for countrywide protests to push the government to rescind its decision and seek an amicable solution to the issue.

He clergy said the church is being discriminated against noting that giving is a form of worship and should not be criminalised.

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.

“The proposed regulations by the Attorney General and the Communications Authority must be rejected in their totality because they are an affront to the letter and spirit of the Constitution,” he said.

“I must remind Jubilee that the freedom of worship is an absolute freedom as guaranteed by the Constitution.”

Musyoka called on Kenyans of goodwill to rally behind the Evangelical churches and stop the “aggression against the freedom of worship by Jubilee.”

Some religious leaders have, however, supported the government saying it is the right direction to take.

Presbyterian Church Moderator Rev. David Gathanju said that those opposed to the regulations are insincere to their followers and the nation.

Rev. Gathanju noted that the office of the Attorney General involved churches during the drafting of the Bill thus it was hypocritical for anyone to turn around and denounce its contents.

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.

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

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.

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

“Broadcaster shall not engage in proselytism (attempt of any religion or religious individuals to convert people to their beliefs, or any attempt to convert people to a different point of view, religious or not).”

The regulations also warn broadcasters against engaging in proselytism, an attempt to convert people to their beliefs, or any attempt to convert people to a different point of view, religious or not.

Attorney General Githu Muigai has however come out to defend the move saying the regulations are not aimed at restricting operations of religious institution nor curtail the freedom of religion as enshrined in the Constitution.

He stated that the government had been in consultation with religious leaders for the better part of last year and proposed a blend of state and self-regulatory measures in order to facilitate an enhanced engagement framework between the two sectors.

President Uhuru Kenyatta has also 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