On 2 October 2024, the Avid Readers Forum hosted the final webinar in its fifth-anniversary celebration series, focusing on ‘Religion and its Influence on State and Governance’. The lead discussants were Chief Justice Emeritus Willy Mutunga, an Adjunct Lecturer at Kabarak Law School, and Rev Justus Mutuku, Acting Provost at Kabarak University. Ms Adeline Jeptoo, a law student at Kabarak and the president of the Kabarak University Law Students Association moderated the discussion.
Ms Jeptoo began the discussion by contextualising the topic, reflecting on the past Gen Z protests against the Finance Bill 2024 and the role played by religious institutions during that period. Rev Mutuku started by defining religion in a broader context, stating that it encompasses various expressions of faith and offers a wider understanding of the subject matter. He discussed religion from three aspects: dogma (the teachings of a religion), beliefs and practices promoted in different religions, and their significance to the topic. He also highlighted a dichotomy in which the church often dissociates itself from the state. Further, Rev Mutuku identified three elements reflecting religion's role in governance: advocacy, the inculcation of values and virtues through religion, and hermeneutical resources, which involve the interpretation of religious texts and scriptures. He pointed out that the problem of separating religion from other phenomena, like politics, is a significant issue in the relationship between religion and governance.
Professor Mutunga then shed light on the historical aspect of religion's influence on state and governance, emphasising the theocratic nature of many states worldwide. He mentioned divine values such as fairness, human dignity, social justice, gender justice, hospitality, and spirituality, which are present in almost all religions. Prof Mutunga went on to relate the Kenyan constitutional framework to religious aspects. He referenced the preamble of the Kenyan constitution, which acknowledges the Almighty God; Article 8, which states there shall be no state religion; and Article 10, which outlines the values of governance that are interconnected with religious values. He critiqued the Rev Mutava Musyimi Taskforce report on religious matters, arguing that the report risks taking Kenya back to colonial times. He claimed the taskforce report is potentially unconstitutional, as it centralizes the registration of religious groups, which could undermine freedom of religion for various groups.
To elaborate on his earlier point about the dichotomy, Rev Mutuku stated it arises from inadequate hermeneutical resources that clearly establish the role of religion in governance. He argued that the absence of an integration framework between religion and political structures has allowed politicians to exploit pulpits and congregations for their interests. In response, Prof. Mutunga rebutted that the constitution already provides an integration framework between religion and politics; the challenge lies with human behaviour, not God.
Both panellists agreed that theologians and lawyers should collaborate in interpreting holy scriptures and the Constitution moving forward. One audience member engaged in the discussion, raising concern about the problem of autonomy in the teachings of different churches as a primary cause of varied hermeneutical interpretations. In response, Rev. Mutuku suggested that theological accountability by organisations such as the National Council of Churches of Kenya (NCCK) could help address this issue. A question regarding the practicality of theological accountability was also posed. Rev Mutuku noted that the concept of theological accountability is rooted in biblical principles and could provide a supervised approach to hermeneutical interpretation if implemented.
In conclusion, the panel emphasised the role that religion should play in state and governance. The panellists agreed that lawyers and theologians must develop theological and legal consciousness to reinforce the integration framework and foster constructive dialogue between both fields. They underlined the importance of collaboration among key stakeholders, including religious groups, legislators, and the political class, to enhance the effectiveness of integrating religion and governance.
