Is the Religious Organisations Bill, 2024 Unconstitutional? Reuben Kigame Raises Alarm Over Threats to Freedom and Political Victimisation

The proposed Religious Organisations Bill, 2024 has triggered a nationwide debate, with concerns mounting over its potential impact on constitutional freedoms, democracy, and the independence of faith-based institutions. Among the most vocal critics is renowned gospel musician, human rights advocate, and former presidential aspirant Reuben Kigame, who has warned that the Bill, if passed in its current form, could be unconstitutional and prone to abuse.

Background of the Religious Organisations Bill, 2024

The Bill was introduced against a backdrop of growing public concern over the conduct of some religious institutions, particularly in relation to financial accountability, leadership structures, and the protection of followers. Proponents argue that the legislation is necessary to safeguard citizens from exploitation and to promote transparency within religious organisations.

However, critics contend that while the intention may appear noble, the methods proposed in the Bill raise serious constitutional red flags.

Reuben Kigame’s Constitutional Concerns

In a detailed public analysis, Reuben Kigame argues that the Bill oversteps constitutional boundaries by granting the State excessive authority over religious organisations. According to Kigame, such powers risk violating the separation between religion and the State, a principle that is implicitly protected under Kenya’s constitutional framework.

He maintains that the Constitution guarantees freedom of religion, belief, expression, and association, and that any law which unduly interferes with these freedoms is inherently problematic.

Threat to Freedom of Religion and Belief

One of the key issues raised is the Bill’s potential to interfere with how religious organisations govern themselves. Kigame warns that State involvement in internal religious matters—such as leadership approval, registration, or doctrinal oversight—could amount to an infringement of Article 32 of the Constitution, which protects freedom of conscience, religion, belief, and opinion.

He argues that faith communities must be free to operate according to their beliefs, provided they do not violate existing laws.

Fear of Political Victimisation

Kigame also raises the alarm over the risk of political victimisation. He cautions that the Bill could be selectively enforced against religious leaders or institutions perceived as critical of the government or political leadership

.Historically, religious leaders in Kenya have played a critical role in speaking out against injustice, corruption, and abuse of power. Kigame warns that the proposed law could be used to silence such voices through deregistration, sanctions, or legal intimidation.

Freedom of Expression and Association at Risk

Beyond religious freedom, the Bill is also seen as a threat to freedom of expression and association. Kigame argues that vague or broadly defined provisions could be interpreted to restrict sermons, public statements, or advocacy by faith leaders.

He notes that the Constitution does not permit the State to curtail speech simply because it is uncomfortable or critical, especially when such speech addresses moral and social issues affecting the nation.

Are Existing Laws enough?

Another major question raised is whether the Bill is necessary at all. Kigame points out that Kenya already has laws that address fraud, public safety, financial crimes, and abuse. In his view, strengthening enforcement of existing legislation would be more effective than introducing a new law that risks overreach.

Public Reaction and National Debate

Kigame’s critique has fueled widespread public discourse, with Kenyans sharply divided. Some citizens support stricter regulation of religious organisations, citing past abuses. Others agree with Kigame, warning that the Bill could set a dangerous precedent for State interference in independent institutions.

The Way Forward

As Parliament continues to deliberate on the Religious Organisations Bill, 2024, Kigame calls for extensive public participation, legal scrutiny, and constitutional review. He urges lawmakers to ensure that any regulation of religious institutions respects human rights, protects democratic space, and aligns fully with the Constitution

.For now, the Bill remains a subject of intense national scrutiny, with many Kenyans watching closely to see whether lawmakers will amend, withdraw, or proceed with legislation that could significantly reshape the relationship between the State and religious organisations.

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Eunice Awino Awino

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