
Attorney-General Justin Muturi addressed a Senate committee investigating deaths in Kilifi County and highlighted the challenges faced by the State in regulating rogue churches.
He pointed out that the Societies Act, a 55-year-old law governing the registration and regulation of religious institutions, is outdated and needs to be reviewed.
The current law limits the Registrar of Societies' capacity to take action against associations that violate the law. The fine for failing to file returns is only Sh10,000, easily paid by most religious associations.
Muturi explained that the registrar's interaction with churches is minimal, mainly limited to return filings, and unless complaints are made, the registrar cannot intervene.
Committee chairman Danson Mungatana urged the government to take strong action against non-compliant churches, but Muturi cited the democratic space in Kenya as a constraint on drastic measures like those seen in Rwanda. Muturi defended the Registrar of Societies, mentioning its lack of devolution and understaffing as factors that make it challenging to monitor church activities.