State disowns proposal to tax gifts and church profits

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NAIROBI, Kenya, Sep 28 — Attorney General Dorcas Oduor has distanced the State from the Religious Organisation Bill, 2024, which provides a regulatory framework for registration, and punitive measures for rogue individuals abusing various platforms and misleading congregations toward extremism.

Oduor said as a privately sponsored Bill, the proposed piece of legislation reflects the independent views and legislative agenda of Senator Dunstan Mungatana.

“It is hereby clarified that the Religious Organizations Bill, 2024, is a privately sponsored Bill brought forth by Senator Danston Mungatana, in accordance with Part XXI of the Senate Standing Orders,…. and as such, the government is not the sponsor nor driver of the proposed legislation,” she affirmed.

The Senator Mungatana sponsored Bill, seeks to introduce taxes on income, gifts, or profits generated from church. The revenues would only be exempt from taxation if they are entirely allocated to charitable causes.

The Bill proposes a fine of Sh5 million, three years in jail, or both for any religious leader who operates an unregistered organization.

The National Council of Churches of Kenya (NCCK), the Anglican Church of Kenya (ACK) and Evangelical Alliance of Kenya (EAK) have seperately called for the withdrawal of the Bill to facilitate stakeholder consultation by the clergy members.

The Bill originates from recommendations in the Senate Select Committee report which was formed in the wake of the Shakahola tragedy, which exposed gaps in regulating religious extremism.

Opposition

EAK Chairperson Bishop Philip Kitoto admitted that the religious sector has been infiltrated by unscrupulous entities and individuals advancing extremist teachings.

He noted that religious organisations complement the work of the government in peacebuilding, providing services in the health, education, and hospitality sectors,” he said.

“Bill duplicates existing regulations particularly coming after the finalisation of the work of the Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations in Kenya which equally outlined stringent measures on the regulation of religious organisations and their activities in the country,” Bishop Kitoto said.

Anglican Archbishop Jackson Ole Sapit said the Bill lacked public participation and should be withdrawn.

“The mission of the church is spelt out by respective religious organisations’ constitutions and any attempts to enact a law that interferes with the operations of the church is unacceptable,” said Sapit.

The Bill was formally introduced before the Senate on September 11 and is now before the relevant Committee which will undertake Stakeholder and public participation before presenting its report and recommendation to the House.

Source: capitalfm