Religious Groups Oppose Proposed Church Regulations, Cite Lack of Public Participation

By Wasike Elvis 

Religious organizations in Uasin Gishu County have raised concerns over proposed regulations targeting churches and faith-based institutions, arguing that the process through which the rules were developed violates constitutional principles on public participation and freedom of religion.

Speaking during a public forum held in December, leaders from various religious organizations, led by North Rift Law Society of Kenya (LSK) chairperson Oscar Oduor, criticized the manner in which the regulations were introduced. They said the proposals were formulated through government offices without adequate consultation with key stakeholders, including religious leaders and the public.

The leaders noted that the Constitution of Kenya guarantees freedom of religion, belief, expression, and association, stressing that any laws or regulations affecting places of worship must be developed transparently and inclusively.

Mr. Oduor said the process appeared rushed, with public notices issued late and insufficient time provided for citizens to review the proposals and submit their views. He argued that such an approach undermines the constitutional requirement for meaningful public participation.

“The Constitution is very clear on freedom of religion and belief. Churches are protected institutions, and any regulation must be guided by both the spirit and the letter of the Constitution,” Oduor said. “Public participation should not be treated as a box-ticking exercise.”

The religious leaders also expressed concern about the memorandum circulated to guide public input, describing it as lengthy, technical, and difficult for ordinary citizens to understand. They said meaningful participation requires clear, simplified, and accessible information to enable the public to engage effectively.

Participants at the forum questioned whether the proposed regulations were meant to safeguard public interest or restrict the operations of churches. Some warned that poorly developed laws could interfere with worship, church administration, and community outreach programs run by faith-based institutions.

The leaders emphasized the critical role religious organizations play in society, including providing spiritual guidance, education, social support, and humanitarian assistance. They cautioned that excessive or poorly crafted regulation could weaken these initiatives.

Members of the public who attended the forum echoed the concerns, saying they were not adequately informed about the proposed regulations and were given little time to analyze the proposals and submit informed opinions.

The religious groups said they are considering legal action, including public interest litigation, should their concerns be ignored. They noted that the Constitution provides avenues to challenge laws or regulations enacted without proper public participation or those that infringe on fundamental freedoms.

“We are not opposed to regulation,” the spokesperson said. “What we want is a lawful, consultative, and constitutional process that respects the rights of all Kenyans.”

The groups have called on the relevant authorities to suspend the current process and reopen discussions with religious organizations and the wider public, insisting that dialogue and inclusivity are essential to developing regulations that strengthen governance while safeguarding constitutional freedoms.