BY SAM ALFAN.
Kenya Congress of Pentecostal Churches and 152 others have moved to court to challenge Religious Organization Bill, 2024 for being unconstitutional.
Through it chairman Bishop Stanley Michuki, Bishop Joseph Moilo, activist Joseph Aura, former Kiambu Speaker Stephen Ndichu, the petitioners want the court to quash the Bill that I ws sponsored by Tana River senator Danson Mungatana.
The church officials also want the court to quash the Senate’s Ad Hoc Committee Report dated 19th October 2023.
Through city lawyer Harrison Kinyanjui, they have asked the court to further quash the Registrar of Society’s decision as communicated on 14th July 2022 imposing restrictive conditions to register any religious organization in Kenya.
It is their argument that the Registrar acted outside the prescription of the law and Article 94(5) of the Constitution.
The petitioners are also arguing that the moratorium placed by the Attorney General on the registration of any religious association is unconstitutional and a violation of Article 36 of the Constitution.
“There are sufficient legislative measures already legislated, and which functionally operate (and would operate) to stem the scenarios alleged by the National Government to have allegedly informed the impugned Policy and Senate Bill subject of these proceedings,” Kinyanjui said.
The lawyer added that the decision is a clear demonstration of the unconstitutional misapplication of financial and human resources at both the Parliament and National Government levels, which Article 201(d) of the Constitution of Kenya expressly outlaws.
The petitioners also have also sought court orders to declare that by taking part in the taskforce, the Registrar Maria Goretti was conflicted.
“The purported legal document prepared by the Goretti is unconstitutional and stands in breach of Article 94(5) of the Constitution of Kenya, by reason of which the said act is null and void ab initio,” the petition stated.
They further invite the court to declare that pursuant to Article 110(3) of the Constitution, Speaker of Senate could not unilaterally make a decision as to whether the Religious Organisations Bill, 2024 does or does not concern counties, or whether a question as to whether the Religious Organisations Bill, 2024 is one that concerns counties does or does not arise.
Kinyanjui they argue that christians have a legitimate expectation that the applicable law will be applied and followed in relation to all religious organizations as well as other entities registered under the Societies Act.
They have faulted Section 38(4) of the Societies Act which provides that where any person does or omits to do an act that constitutes an offence under section 38(2) thereof, the requiring officer may, if of the opinion that it would be advisable to be able to identify the person in the future, order that a photograph and impressions of fingerprints of the person be taken, in which case section 55 of the National Police Service Act (Cap. 84) applies as though the person were in lawful custody.
They argue that public money shall be used in a prudent and responsible way and not in the manner embarked upon to give effect to the impugned acts.
Justice Lawrence Mugambi directed the petitioners to serve other parties within three days and parties to respond with 14 days.
The case will be mentioned November 6th for further directions.
