In response to one of our readers requests, we highlight matters of concern on the above headline as hereunder;
In the Kenyan Constitution, the relationship between state and religion is addressed in several provisions, with the aim of promoting a secular state while also ensuring freedom of religion and protection against discrimination based on religion.
1. Secular State: The Kenyan Constitution establishes Kenya as a secular state in Article 8, which states that there shall be no state religion.
2. Freedom of Religion: Article 32 guarantees the freedom of conscience, religion, belief, and opinion. This includes the freedom to practice any religion and to manifest one’s religion or beliefs in worship, observance, practice, or teaching, either individually or in community with others.
3. Protection against Discrimination: Article 27 prohibits discrimination on various grounds, including religion. It ensures that every person is equal before the law and has the right to equal protection and benefit from the law, without discrimination.
4. Education: Article 32 also guarantees the right to establish and maintain religious institutions or facilities for the education or training of any person in accordance with the requirements of that religion or belief.
5. Oath of Office: Public officials, including the President and members of Parliament, are required to take an oath of office that does not reference any specific religious deity, reflecting the secular nature of the state.
Constitutional fundamentalism, on the other hand, refers to a strict adherence to the principles and provisions laid out in the constitution. In Kenya, constitutional fundamentalism can be seen through the adherence to the supremacy of the constitution and the rule of law. The Kenyan Constitution, promulgated in 2010, is revered as the supreme law of the land, and its provisions are to be upheld and respected by all branches of government and citizens alike.
In the context of religion, constitutional fundamentalism ensures that the state remains neutral in matters of religion, upholding the rights and freedoms of individuals to practice their religion of choice without interference from the state. It also ensures that any laws or policies enacted by the government do not infringe upon the rights and freedoms guaranteed by the constitution, including those related to religion.
According to the 2021 Report on International Religious Freedom, the Kenyan constitution states that individuals cannot be forced to act against their religion or beliefs. These rights can only be limited by law, and only if the limitation is reasonable and justifiable in a democratic society.
Article 32 of the Kenyan Constitution protects the freedom to establish and maintain places of worship. This ensures that religious communities can gather, celebrate, and practice their rituals without interference.
Article 32 also states that no person can be denied access to any institution, employment, or facility, or the enjoyment of any right, because of their belief or religion.
Article 8 of the Kenyan Constitution states that there is no state religion. This recognizes the pluralistic nature of Kenyan society, where people and bodies asserting their own freedom of religion also recognize that the same freedoms attach to others. See Civil Appeal 172 of 2014 eKLR.
Overall, the Kenyan Constitution establishes a secular state while also safeguarding the freedom of religion and ensuring constitutional fundamentalism by upholding the supremacy of the constitution and the rule of law.
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