The Societies (Religious Societies) Rules, 2015

THE SOCIETIES ACT (Cap 108)

ISSUES of CONCERN IN

THE SOCIETIES (RELIGIOUS SOCIETIES) RULES, 2015

(Cap 108)

General Overview

The Societies (Religious Societies) Rules, 2015, apply to religious societies and will be applied in addition to the Societies Act, 1968.

The rules appear to be directed at the smaller and newer societies. Thus, a distinction in the regulations will be necessary as religious societies in Kenya are at different levels of growth, development, structure and membership.

Specific sections

1. Interpretation section

a) “umbrella religious society” – proposed amendment to delete the word ‘doctrine’ and replace with ‘objectives’. The difference in religious groups and communities is due to different doctrine on their faith. 2. Section 5 – Religious societies with Head Quarters in Kenya

a) Section 5 (1) (b) (ii) the requirements are onerous and impractical.

 The rules need to define the following terms - programmes, ministries, charitable activities and education activities, to avoid ambiguity. For example, Sunday school classes can be classified as educational.

 Registration of persons coordinating these activities will not be tenable as it individualizes the work of faith communities whereas they are meant to be institutional offices, and not concentrating on office holders who may also change from time to time.

b) Section 5 (2) (b) the definition of ‘branch’ is not provided for in the Act.

 Religious communities have branches at different levels –local, provincial and ultimately joined together at the national level. An example is the Christian community that is constituted through local churches, parishes, dioceses. Therefore a clear definition as to the meaning of branches in the Act is instrumental.

 Once a society declares its branches why is it necessary for the branches to make separate returns? This will lead and fuel further fragmentation of religious societies when branches act alone at the local level. It will divide institutions and break down the governance framework of religious institutions. 3. Section 9 – Requirement for registration of umbrella religious society

This section is impractical.

 Section 9 (2) (a) - The requirement of 2,500 societies for an umbrella organisation is impractical. There is no religious council that has 2,500 societies within it. Thus, a proposal of 10 societies with a membership of not less than 300,000 individual members is tenable.

 An additional membership of 5,000 membership within two years as stated in the regulations is therefore not plausible.

4. Section 10 – Responsibilities of Umbrella religious society

 Section 10 (1) - The formation of this society as a forum of consultation will not serve this intended purpose as the rules provide. There are different faith groups within mainstream religions because of the different doctrines and beliefs. Therefore, matters of doctrine and religious teachings cannot be canvassed between faith groups for self-regulation or other consultation on matters of common faith.

 Section 10 (2) is impractical due to the different structures and doctrines among religious societies.

 (a) provides for development of a code of conduct of different religious societies

 (b) provides for review of religious doctrines and religious teaching of its membership  (c) and (d) provide for the review of qualification of religious leaders as well as the review and curriculum of theological institutions and their educational activities.

 Each faith group and denomination should make decisions on the review of doctrine, theological qualifications of its religious leaders. This is the spirit of Chapter 4, Constitution of Kenya, 2010 in Article 32 which provides for the Freedom of conscience, religion, belief and opinion.

5. Section 13

 A proposal that the filing of annual returns be done within 60 days of holding the annual meeting, as 14 days is too short. The rationale is to ensure authentication of minutes and also get the required signatures.

6. Section 14  Section 14 (f) is unnecessary once the audited accounts are submitted. Banking is now done online through e-statements which are eco-friendly. In addition, Section 31 of the Societies Act provides the Registrar of Societies with powers to call for information and accounts for the performance of his functions.

 Section 14 (h) is vague and gives arbitrary powers to Registrar to determine permits needed. As noted, the Registrar can invoke Section 31 of the Act to get more information on a specific registered society where he is not satisfied as to compliance.

 Section 14 (j) is vague and difficult to implement. Authentication by two thirds members of a society is not only a difficult task but the logistics pertaining to this impossible. The report of the auditors and report of officers in the audited accounts does give the activities of the society and impossible to then vote each activity.