BY SAM ALFAN.
United Clergy Alliance has moved to court to challenge a Bill before the Senate that seeks to regulate churches.
The clergy says in a petition to the high court that the Bill is unlawful as it seeks to regulate religious practices and beliefs, which are protected under the Constitution.
According to the Clergy, the Bill imposes unreasonable and unjustifiable limitations on the rights and freedoms guaranteed under the Constitution, contrary to Article 24.
“The Bill threatens the sovereignty of the people and the supremacy of the Constitution, as it seeks to impose regulations that are inconsistent with the constitutional principles of democracy and the rule of law,” the alliance said
They have sought court orders declaring clauses 10,13(2)(d), and 29(2) of the Senate Bill are unconstitutional due to their vagueness, ambiguity, and potential for varied interpretations.
“A declaration that clauses 11(b), 12, 13(4), 19, 31(1)(2), and 34 of the Senate Bill infringe upon Articles 10, 24, 32, and 36 of the Constitution of Kenya, 2010,” seeks the clergy .
Through lawyer John Swaka, they argued that the Bill threatened articles that protect the principles of good governance, the limitation of rights, freedom of conscience. religion, belief, and opinion, and the right to freedom of association.
The alliance further seeks the court to issue an order requiring Attorney General to conduct thorough and meaningful consultations with all relevant stakeholders, including religious organizations and communities, before enacting any legislation that impacts religious practices.
