May 5, 2023

Summary

“I, William Samoei Ruto, President and Commander-in-Chief of the Kenya Defence Forces, do appoint a Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations in Kenya.”

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President Ruto creates ‘task force’ to investigate Shakahola Massacre

President Ruto creates ‘task force’ to investigate Shakahola Massacre

5th May, 2023 THE KENYA GAZETTE 1951

COGNISANT of the solemn place of religion within our nation and the contribution of religious organizations in furthering common good;

AFFIRMING that Freedom of Religion and Freedom of Association are guaranteed by our Constitution in balance with the State’s sacred duty to protect the lives and welfare of all persons
within Kenya;

CONSCIOUS that the Shakahola Tragedy has brought to the fore the existence of religious extremist organizations, sects, cults, and similar outfits in Kenya that have occasioned death or serious harm to Kenyans; and

RECOGNIZING the need to review the legal and regulatory framework governing religious organizations in Kenya so as to ensure that similar tragedies do not recur in the future:

NOW THEREFORE, in exercise of the prerogative vested in the Head of State and Government, I, William Samoei Ruto, President and Commander-in-Chief of the Kenya Defence Forces, do appoint a Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations in Kenya.

The Taskforce shall be constituted as follows:

Hon. (Rev.) Mutava Musyimi — Chairperson
Members:
Bishop Mark Kariuki,
Bishop (Dr.) Eli Rop,
Archbishop Maurice Muhatia,
Judy Thongori,
Rev (Dr.) Alphonse Kanga,
Bishop Philip Kitoto,
Faridun Abdalla (Dr.),
Prof. Musili Wambua,
Joseph Khalende Wabwire,
Mary Awour Kitegi,
Charles Kanjama,
Leah Kasera,
Nancy Murega,
Wilson Wanyanga,
Joint Secretaries:
Martin Ndiwa Talian,
Maria Goretti Nyariki,

1. The Terms of Reference of the Taskforce shall be to—

(a) Identify the legal, institutional, and governance challenges/gaps that have allowed or may allow for religious extremist organizations, sects, cults, and other similar outfits in Kenya to
engage in practices detrimental to individual health and safety, the public interest, or our national values;

(b) Formulate proposals on the legal, institutional, and governance changes required to prevent religious extremist organizations, sects, cults, and other similar outfits in Kenya from committing
or fostering actions that are detrimental to individual health and safety, the public interest, or to national values;

(c) Formulate proposals on legal amendments to various laws so as to enable the concerned law enforcement agencies to more effectively tackle crimes committed as a result of religious extremist, or cultic and occultist beliefs and practices;

(d) Formulate proposals on civic education and additions to educational curricula that sensitize Kenyans on identifying, avoiding, or leaving religious extremist organizations, sects, cults, and other similar outfits;

(e) Formulate proposals for a mechanism for the public to report religious extremist, cultic or occultist beliefs and practices in their local communities;

(f) Formulate proposals on standards and minimum certification requirements for all religious organizations and their leaders for them to be allowed to be registered and to operate in
Kenya;

(g) Formulate proposals on a framework for regulation, annual reporting, compliance, monitoring, and enforcement action applicable to all religious organizations; including public declarations of their governance structures, programmes, ministries, charitable activities, education activities,
commercial ventures and general sources of finances;

(h) Recommend to the competent authorities what actions may be taken against individuals and groups suspected of founding, leading, or part of religious extremist organizations, sects,
cults, and other similar outfits; and

(i) Consider, perform, or advise on any other matter or subject ancillary to the above.
2. In the discharge of its functions, the Taskforce shall have power to—

(a) Regulate its own procedure;

(b) Hold meetings, public forums, or other consultative engagements as it shall deem necessary; and in such places and at such times as the Taskforce shall consider necessary for the proper discharge of its mandate;

(c) Review official reports, policy, legislation, or any other document related to the Taskforce’s mandate;

(d) Co-opt experts in particular areas of need as may be deemed necessary by the Taskforce for the execution of its mandate;

(e) Create sub-committees for the efficient and expedited discharge of its mandate; and

(f) Perform any other function or tasks as the Taskforce may find necessary in order to fully discharge its mandate.

3. The term of the Presidential Taskforce shall be a period of six (6) months with effect from the date hereof, or for such further period as may be specified by notice in the Kenya Gazette.

4. The Secretariat of the Taskforce shall be based at Harambee House, P.O. Box 30550 – 00100, Nairobi.

Dated the 4th May, 2023.
WILLIAM SAMOEI RUTO,
President.

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