Court bars government from constructing church in State House
The High Court temporarily barred the government from constructing a permanent church or any building linked to a religious faith within the grounds of State House, Nairobi, or in any other State House or State Lodge across the country.
Justice Chacha Mwita issued the conservatory order on August 26, after finding that a petition filed by civil society groups raises “fundamental constitutional and legal questions touching on State and religion” that require urgent judicial consideration.
The petitioners, led by the National Integrity Alliance which includes the Kenya Human Rights Commission (KHRC), Transparency International Kenya, Inuka Ni Sisi!, and Transparency International South Africa argued that putting up a permanent place of worship at State House contravenes the Constitution, which declares Kenya a secular state.
In the interim orders, Justice Mwita directed the government, its officers, and any agents acting on its behalf to refrain from erecting any religious structures within State House grounds until November 18, when the matter will come up for highlighting of submissions.
The court further ordered all pleadings to be served immediately, with respondents given seven days to file responses.
Petitioners will then have another seven days to file supplementary affidavits and submissions, while the respondents and interested parties will also have seven days to submit their written arguments thereafter.
“A Conservatory order is HEREBY ISSUED restraining the government of Kenya, its officers and or anyone acting on its behalf from constructing a permanent church or building associated with any religious faith within the Grounds of State House, Nairobi or any other State House or State Lodges until 18th November 2025,” Said Mwita.
President Ruto had revealed plans to construct a church at State House for members of staff there.
Another petition lies in court over the same issue.
Levi Munyeri argued that the project has been shrouded in secrecy due to its unconstitutionality, and could not have come to public attention had it not been published in the daily newspapers.
According to Munyeri the construction of a church in public land using the resources of a private citizen undermines well established Constitutional provisions of no state religion, national values of public participation, transparency, rule of law, equality, non-discrimination and further the disposition and utilization of public land.
“State House lies on public land, and contrary to the assertion by the president in his speech on 4th July 2025, that aimed to justify the said construction on the basis that he is funding the said construction with his own money, one cannot undertake to construct a megachurch on public land without proper authorization as spelt out in Article 62 of the Constitution,” read the court documents.
“Therefore, it matters not, that the funding is from the President, such funding cannot allow the President to convert public land to private land.”