religion. In terms of legislative provisions, Section 8 of the Children’s Act Cap 141, Laws of Kenya states
that every child has the right to religious education but with a limit to the parental guidance.
67. Constitutional provisions that relate to the recognition the freedom of conscience include Article 8 and
Article 169 of the Constitution. Article 170 provides for the Kadhi’s Courts in recognition of the right of
those who profess the Islamic faith to their religion and personal beliefs. Article 44 deals with the right
to language and culture while Article 32 encompasses all the above rights. There is also the Societies
Act, (Cap. 108) laws of Kenya which regulates churches in Kenya and makes it a requirement for
churches to meet certain requirements before being registered. Faith Based Organizations are also not
taxed. The protection of the freedom to religion has seen an exponential growth in the number of
churches in the last decade.
68. In Kenya, there are very many churches. This is a reflection of the freedom of worship that is enshrined
in Kenya's constitution. However, have been many cases where church revelers make excessive noises
which studies show could cause hearing impairment to human beings. The Government is committed
to ensuring that freedom of religion is not used as an excuse to inconvenience other people. To this end,
the National Environmental Management Authority (NEMA) published the Environmental
Management and Coordination (Noise and Excessive Pollution Control) Regulations 2009 that seek to
regulate the noise levels that are permissible. The regulations require anyone who intends to make
noise to apply for a permit to emit excess noise beyond the acceptable limits.
69. Some of the challenges with the freedom of religion have been that there are some religious groups or
cults whose practices are in conflict with human rights principles as they do not take their children to
school or hospitals. Also, conmen have registered churches with the sole aim of conning unsuspecting
faithful in the pretence that they can heal them from various diseases. The State is in the process of
developing policies to regulate the conduct of churches and other religious organizations.
70. The last two years have also seen the rise of religious tension between Christians and Muslims. Both
the Christians and the Muslims have religious gatherings which are a common sight along streets and
at open-air markets in Kenya, in which preachers aim to educate their followers and convert people of
other faiths. The Christian gatherings are locally known as "crusades" while the Muslim gatherings are
known as "muhadaras". Recently, such gatherings have been the source of fiery, provocative speeches
that have stirred up sectarian tension. In cautioning the public about this tension, the Inspector General
of Police said, “We have fundamentalists from Christianity, Islam and even Hinduism who can react
violently if they view that their religion is under attack," In particular, he said, the gatherings should
desist from debating the Qur'an and the Bible.
Article 9: Freedom of Information and Expression
71. Articles 33 of the Constitution, guarantees every citizen the freedom of expression, which includes
freedom to seek, receive or impart information or ideas; freedom of artistic creativity; and academic
freedom and freedom of scientific research. However, this freedom of expression does not extend to
propaganda for war; incitement to violence; hate speech; or advocacy of hatred that constitutes ethnic
incitement, vilification of others or incitement to cause harm; or is based on any ground of
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