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 20

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