NAIROBI — The ghost of Shakahola has returned to haunt the corridors of justice, but this time, the battleground isn't a forest in Kilifi—it is the pages of the Constitution. On the eve of nationwide public participation forums for the controversial Religious Organisations Bill 2024, city lawyer Willis Otieno has drawn a line in the sand, terming the state’s bid to regulate faith as a lazy, dangerous slide into "authoritarian convenience."

In a stinging critique issued Sunday, Otieno warned that the government’s proposed cure for religious extremism—a statutory framework mandating fresh registration and state oversight of all religious bodies—might be worse than the disease. His argument strikes at the heart of a sensitive national nerve: can the state police the pulpit without strangling the freedom of worship?

The Constitutional 'Red Line'

"We must agitate for self-regulation of religious institutions, firmly and unapologetically," Otieno asserted, grounding his defense in the delicate balance of Kenya's 2010 Constitution. He cited Article 8, which declares there shall be no state religion, and Article 32, which guarantees freedom of conscience.

"Freedom of religion is not a favour granted by the State. It is a right," Otieno noted. "The State's failure to discipline individuals who have abused the pulpit cannot be cured by punishing the entire religious space. Collective punishment is not regulation; it is authoritarian convenience."

The lawyer’s pushback comes as the State Department for National Government Coordination prepares to open public hearings today, December 15, across 12 regional centers. The proposed laws, birthed from the Mutava Musyimi taskforce report, seek to establish a Religious Affairs Commission with teeth—empowered to deregister non-compliant churches and vet religious leaders.

• The Proposal: A hybrid model of state oversight and self-regulation.
• The Trigger: The 2023 Shakahola tragedy, where over 400 Kenyans starved to death under cultic influence.
• The Fear: That legitimate churches will be stifled by bureaucracy and state interference.

A Question of 'Kenyan' Economics

For the average Kenyan, this debate is not abstract legal theory. It is about the local church that doubles as a community safety net, a school, and a counseling center. Critics like Otieno argue that handing the state the power to define "acceptable" religion could weaponize the Registrar of Societies against dissenting voices.

"If a pastor in Kibra criticizes government policy, will his church suddenly be flagged for 'extremism'?" one analyst posed. "The line between regulating safety and regulating speech is razor-thin."

Conversely, proponents argue that the cost of inaction is measured in human lives. The Shakahola massacre exposed a regulatory vacuum where rogue clerics operated with impunity, amassing tax-free wealth while their followers perished. The state argues that without a statutory leash, the "prosperity gospel" industry will continue to bleed vulnerable Kenyans dry, often demanding tithes that leave families unable to afford basic meals.

The Slippery Slope

Otieno, however, remains unconvinced that a government appointee should be the arbiter of doctrine. He warned that the separation of church and state is a two-way street: just as the church should not capture the state, the state must not capture the church.

"Mutual independence is the only path," he emphasized. "Where public money, fraud, or abuse arise, the penal code already applies. We do not need a theological policeman."

As the public forums kick off in Garissa, Eldoret, and Nakuru today, the stage is set for a bruising confrontation. The government is banking on the public's horror at Shakahola to push the bill through. Willis Otieno and a growing chorus of clergy are banking on the public's distrust of government overreach to stop it.

"To criminalize the internal practices of faith groups is to open a door that no democracy should ever unlock," Otieno concluded. "Once the state decides how you pray, it is only a matter of time before they decide what you pray for."