The High Court has issued a temporary halt on the construction of a permanent church within the grounds of State House, Nairobi or any other State Lodge.
In a ruling delivered on Tuesday, Justice E.C. Mwita issued a conservatory order restraining the government and its agents “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.”
The petition was filed by Transparency International Kenya, the Kenya Human Rights Commission and two other entities, targeting the Katiba Institute and the State Law Office.
The petitioners argue that building a religious facility on State House premises raises fundamental constitutional questions regarding the separation of State and religion.
Justice Mwita noted that the case raised issues of significant constitutional importance, requiring urgent investigation and thorough judicial consideration.
“I am satisfied that the application and petition raise fundamental constitutional and legal questions touching on State and religion which require urgent investigation and further consideration by the court,” the judge stated.
The court also directed that all pleadings be served immediately, with responses to the petition filed within seven days. Both petitioners and respondents were given timelines to submit supplementary affidavits and submissions.
The matter is scheduled to be mentioned again on 18th November 2025 for highlighting of submissions.
In addition, the ruling carried a penal notice warning against defying the court’s directive.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” the notice read.
The ruling comes amid debates over the necessity of the facility, with supporters arguing that it would serve State House staff and reflect the President’s faith. Critics, however, have raised concerns about constitutional propriety and the importance of maintaining a clear separation between State functions and religious practice.
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