The High Court has stopped the government from building a permanent church or any religious structure within the premises of State House, Nairobi, or at any other State House or State Lodge across the country.
Justice E.C. Mwita of the Constitutional and Human Rights Division at the Milimani Law Courts issued a conservatory order, saying the case raises “fundamental constitutional and legal questions touching on State and religion.” The order will remain in effect until November 18, 2025, when the matter is scheduled for highlighting of submissions.
The ruling comes after a petition was filed by a coalition of civil society organisations including the Kenya Human Rights Commission (KHRC), Transparency International Kenya (TIKenya), Inuka Kenya ni Sisi, and The Institute of Social Accountability (TISAKenya). The petitioners argued that constructing a church on State House grounds would undermine Kenya’s constitutional commitment to secularism, citing Article 8 of the Constitution, which declares that “there shall be no State religion.”
The court directed that all parties be served with the pleadings immediately. The government now has seven days to file its responses, after which the petitioners will have another seven days to submit supplementary affidavits and written submissions. Respondents and interested parties will also be given seven days to file their replies. Justice Mwita further issued a penal notice, warning that any defiance of the order could attract penal consequences.
The controversy began in July 2025, when President William Ruto announced plans to build a mega church at State House, claiming it would be personally funded. Architectural designs published in the media showed a massive sanctuary capable of hosting about 8,000 worshippers, complete with stained-glass windows, at an estimated cost of $9 million (Ksh 1.2 billion).
The project quickly sparked heated public debate. The Atheists in Kenya Society threatened legal action, warning that the initiative risked turning Kenya into a “Christian nationalist state.” The Catholic Archbishop of Nairobi, Philip Anyolo, sought clarity on whether the facility would serve all denominations or privilege particular ones. Politicians also weighed in—Mumias East MP Peter Salasya dismissed the project as misplaced priority at a time when “parents cannot afford school fees, youths are without jobs, and hospitals are out of medicine.”
Civil society groups also questioned the source of funds and whether State resources—land, security, and staff—were being misused despite the president’s insistence that the project would be funded privately.
With the High Court’s intervention, the future of the proposed church now hangs in the balance. The case is expected to fuel a broader national conversation about the separation of State and religion, especially in a country where politics and faith often overlap.
As the matter heads back to court in November, Kenyans will be watching keenly to see how the government defends the project, how the judiciary interprets the constitutional provisions on religious neutrality, and whether this ruling could set a precedent on the use of State property for religious purposes.
