STATE RELIGION OR RELIGIOUS STATE? RELIGION AND LAW IN KENYA
Image from iStock by Daniel Deitschel INTRODUCTION History is fraught with religious leaders from whom the fountain of law sprung and for ages, there was no clear distinction between religion and law. From Moses in Judaism to Muhammad in Islam, religion has played a pivotal role in shaping the legal landscape in various societies. As Lord Denning contends [1] : “Although religion, law and morals can be separated, they are nevertheless still very much dependent on each other. Without religion there can be no morality: and without morality there can be no law." In light of the laws of the land, article 8 of the Constitution of Kenya states that Kenya shall not have a state religion, effectively making Kenya a secular state. Nonetheless, the ‘people’ in the preamble affirm the supremacy of the Almighty God, thus implying that Kenya is a religious state. What then is the distinction? Is Kenya a religious state or does it in fact have a state religion? This document notes that w...