Court Halts Plan to Build Church at State House Pending Constitutional Review

Nairobi, Kenya – The High Court has temporarily stopped the government from constructing a permanent church or any other religious facility within State House, Nairobi, or at any official presidential residence.

Justice Chacha Mwita issued the conservatory order on grounds that the proposal raises weighty constitutional questions about the separation of state and religion. The case will now proceed to a full hearing, with parties ordered to file written submissions ahead of November 18, 2025.

Civil Society Challenge

The petition was filed by the National Integrity Alliance, a coalition that includes the Kenya Human Rights Commission, Transparency International Kenya, Inuka Kenya ni Sisi, and the Institute of Social Accountability. They argue that erecting a church on public land violates Article 8 of the Constitution, which affirms Kenya as a secular state.

The groups also contend that any government facilitation—whether through land allocation, approvals, or funding—would breach state neutrality on religion and set a precedent for entangling state resources with faith institutions.

President Ruto’s Position

President William Ruto has previously defended his plan, saying he intended to fund the project personally, not through public coffers. He revealed that he found an iron-sheet chapel at State House and wished to build a more permanent structure, insisting he owed no apology for the decision.

However, the court noted that even a privately funded project within State House could still trigger constitutional scrutiny, given that the grounds are public property.

Judicial Warning

Justice Mwita’s order explicitly restrains government officials and agents from progressing with the project until the matter is fully determined. The ruling further warns that disobedience of the conservatory order could attract penal consequences, signalling the seriousness of the case.

Wider Implications

Civil society groups have also filed a secondary petition seeking to bar officials from supporting or facilitating the project in any way. Analysts note that the case could set a critical precedent for how religion and state power are balanced in Kenya’s constitutional order.

If upheld, the decision may reinforce Kenya’s secular framework and clarify limits on presidential discretion in matters where faith intersects with public office.