Court certifies as urgent case to block construction of church in State House

The High Court certified as urgent a petition seeking to stop the construction of a multi-billion shilling megachurch at the State House Complex in Nairobi.

The petitioner is challenging the construction of the church which is allegedly valued at Sh1.2 billions on grounds that it is being carried out on public land, without public participation or parliamentary approval, and risks violating constitutional provisions, including the doctrine of separation of church and state.

“If the construction is allowed to progress, there is an eminent risk of a gross dilution of the Constitutional dictates on religion and the rise of religious tension in Kenya,” read the court documents.

According to the petition, the project came to light following a Daily Nation exposé published on July 4, 2025, in which the President admitted to constructing the megachurch within the State House.

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.”

Justice Lawrence Mugambi directed that the petition and accompanying application be served physically within three days.

The Attorney General was ordered to file their responses within seven days of service.

The Law Society of Kenya was listed as an interested party.

Any rejoinder by the petitioner must be filed within seven days thereafter.

The matter will be mentioned on July 24, for further directions.