The High Court has stopped the government from constructing a permanent church or any religious structure within the premises of State House, Nairobi, or any other State House or State Lodge.
Justice Chacha Mwita issued the conservatory order ruling that the matter raises “fundamental constitutional and legal questions touching on State and religion” that require urgent investigation.
The ruling follows a petition filed by members of the National Integrity Alliance, including the Kenya Human Rights Commission (KHRC), Transparency International Kenya (TIKenya), Inuka Kenya ni Sisi, and The Institute of Social Accountability (TISAKenya).
The lobby groups argued that the construction of a church at State House violates the Constitution, which establishes Kenya as a secular nation and upholds the principle of State neutrality in religious matters.
“This coming up for directions on the Notice of Motion and Petition, both dated 20th August 2025, before Honourable Justice E. C. Mwita, and upon considering the pleadings and the grounds of urgency, 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 court ruled.
“A conservatory order is hereby issued restraining the government, 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.”
The order will remain in force until November 18, 2025, when the court is set to hear submissions.
The court directed that the pleadings be served on all parties immediately. Responses to the application and petition are to be filed and served within seven days of service.
The petitioners who include the Kenya Human Rights Commission (KHRC) and Katiba Institute, will then have seven days after service to file and serve a supplementary affidavit, if necessary, together with written submissions to the application and petition, not exceeding ten pages.
The respondents and interested parties will thereafter have seven days after service to file and serve their written submissions to both the application and the petition, not exceeding ten pages each.
Also Read: Annitah Raey Slams William Ruto For Turning State House Into Church: “State House Is Not A Church,”
Owing to the urgency of the matter, the court set the highlighting of submissions for 18th November 2025.
“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 disobeying or failing to observe the same,” Justice Chacha ruled.
The ruling comes after President William Ruto, in July this year, announced that he was building a church at the presidential residence in Nairobi, which he said he would personally fund, adding that he had nothing to apologise for.
“I am not going to ask anyone for an apology for building a church. The devil might be angry and can do what he wants,” he said then.
“I did not start building this church when I entered the State House. I found a church but one made out of iron sheets. Does that look befitting for the State House?”
Also Read: Ruto Faces Legal Action Over Ksh1.2 Billion Church at State House
Meanwhile, a third petition was filed in court on Wednesday, August 27, challenging the construction of a church at State House amid growing calls for judicial intervention to halt the project.
Four civil society groups have asked the High Court to stop President William Ruto from proceeding with the construction, arguing that it violates the principle of state neutrality in religious matters as provided for under Article 8 of the Constitution.
Transparency International Kenya, the Kenya Human Rights Commission, Inuka Kenya ni Sisi, and the Institute of Social Accountability further want the President, his officers, agents, or any public official barred from funding or facilitating the project.
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