A Contention for the Separation of Church and State in Kenya

Abstract

The separation of church and state in Kenya has always been a polarizing issue due to its contentious nature. A significant problem, often overlooked in research, is the misunderstanding of the wording in the 2010 Constitution and the interpretation of High Court judgments concerning the separation issue. The interactions between political processes and the church in Kenya exacerbate this problem. If researchers fail to address the separation issue, Kenya may face similar challenges to those seen in the Western world. On one hand, if separation is not understood as a division of institutional jurisdictions rather than an extreme separatist view, the expression of religious beliefs could be severely restricted. Furthermore, without institutional separation, the church is likely to lose its moral authority and voice, especially if it becomes too closely aligned with the state. Lastly, without separation, the state may end up dictating religious expression if it assumes control over religious directions within the country. This study employed a qualitative research methodology through a literature review to understand the necessity of the separation of church and state. The literature review included an examination of the wording in both the revised 2008 and the 2010 Constitutions concerning relevant sections. Additionally, scholarly works discussing the involvement of the Kenyan church in the political process, Protestant Reformation views on separation, and the separation of politics and the state were reviewed. This paper aims to demonstrate that there should be a separation of church and state, provided it does not imply a separation of state and politics.