State should address issues that make people vulnerable to religious con men

The zeal with which Attorney-General Githu Muigai seized the moment over Victor Kanyari’s escapades to announce plans to streamline churches and mosques should be a matter of concern.

It is suspicious that he has suspended the registration of new churches and mosques until fresh regulations are in place.

Although this may be regarded as a solution to the problem, it could also be interpreted as an excuse to curtail freedom.

It is ill-advised and unlikely to do much to stem the illicit activities of certain religious groups.

The State seems to have developed an appetite for regulations.

The other day it was streamlining NGOs, now its guns are turned on religious groups.

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The excuse that suspending registration of religious organisations is meant to weed out those who commercialise churches and stop mosques from being used as breeding grounds for terrorists is quite convenient.

Kanyari’s widely reported actions, though despicable, are not confined to churches. There are many waganga and pyramid schemers who have fleeced the unsuspecting public.

Do we need regulation to stamp out crime against the public? What then is the purpose of the penal code?

We have sufficient laws to deal with those who peddle falsehoods for their own selfish gain.

Ten sections of the penal code are dedicated to dealing with all manner of trickery, including fortune telling.

So why is the Director of Public Prosecutions (DPP) slow in taking action?

DECISION PUZZLING

According to the Constitution, the Attorney-General does not have prosecutorial powers. This is the preserve of the DPP.

The AG’s role is limited to safeguarding public policy and advising the government.

His decision to invite religious organisations for a meeting instead of pressing for the prosecution of the culprits is puzzling.

It will be difficult to create such regulations without violating the Bill of Rights.

The Constitution guarantees freedom of conscience, religion, speech, and association and this has already been violated by the suspension of registration of new religious groups.

The State should use existing laws to address the issues and resist being influenced by hysteria.  

In this dispensation of liberal democracy, the State’s attempt to regulate religious groups is a great challenge.

STATE AND RELIGION SEPARATE

People are free to exercise their religious beliefs as their conscience dictates.

And as long as no one makes an official complaint, it will be an uphill task to punish these charlatans.

There is an inherent danger in trying to regulate religious groups.

There are many vested interests and such regulations could be used to frustrate groups that are perceived as being errant or to edge out rivals. 

John Locke, the famous 18th century social theorist, saw the value of keeping the State and religion apart.

He argued that the government lacked authority in the realm of individual conscience as this was something that rational people should not cede to the authorities or others to control.

GREAT DESPERATION

For Locke, this created a natural right in the liberty of conscience which, he argued, must remain protected from any government authority.

Failing to observe this would plunge society back into religious intolerance. 

As long as the problems for which people seek miracles or breakthroughs persist, there will be no end to religious and other con men and women.

We live in a country where health services are desperately wanting. It is out of desperation that citizens seek prayers for their ailments instead of medical care.

Anyone who claims to offer alternative solutions will never fail to find clients.

GREED AND POVERTY

Unemployment and poverty have led many to gamble the few resources they have in the hope of getting more.

The lure to “plant seed” and gain a huge harvest will always allow these preachers flourish.

It is simplistic to say that only the poor and the unemployed get trapped in this trickery.

Greed seems to have bewitched even people who should know better, for example, the educated. 

Can the State regulate these groups without first addressing the demand for their services?

The State should enforce the law and leave the practice and problems of religion to individuals’ conscience.

The Rev Canon Omondi serves with All Saints Cathedral Diocese, Nairobi. ([email protected]).