Good fences make good neighbours: regulating religious institutions to promote political neutrality

Abstract

“Faith consists in believing when it is beyond the power of reason to believe.” - Voltaire Religious leaders, seen as spiritual guides, have, in nearly every Kenyan election exploited the opportunity to use their authority for the benefit of a chosen political party or candidate. The result is the creation of a clientelistic relationship between state offices and religious institutions, corrupting the nature of each, and threatening the freedoms of the Kenyan people and believers. The use of religious authorities to legitimise one’s politics is a recurrent problem in Kenya. Though addressed by legislation on the political end, its counterpart, religious politicking, is not. This study, seeking the regulation of the political activity of religious institutions, will thus establish that the principle of separation of church and state confers duties not merely on the state, but also on religious institutions. With the objective of political neutrality of these institutions, the research determines that the harms caused by partisan religious politicking flood the academic plain beyond the legal and political disciplines. Having both immediate and long-term effects on the health of the democracy, state of social stability and religiosity of congregants, the study establishes that there is urgent need for legal restriction. The existing legislative and regulatory framework, however, is inoperative, marked by lacunae, it poses challenges to the proper monitoring of religious actors and thus quick response to damage emanating from rogue unprincipled actions. The author thus calls for the adoption of a hybrid regulatory approach incorporating both state and self-regulation and the provision for neutral political involvement by religious leaders and their institutions in the proposed Religious Organisations Bill.