The High Court has barred President William Ruto’s administration from
constructing a permanent church within the precincts of State House, Nairobi,
or any other State Lodge, pending the determination of a petition challenging
the move.
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 others against
the Katiba Institute and the State Law Office.
The petitioners argue that the construction of a religious facility inside
State House raises fundamental constitutional concerns regarding the separation
of State and religion.
Justice Mwita said he was convinced that the
case raised issues of significant constitutional importance.
“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 further directed that all pleadings
be served on the parties immediately, with responses to the petition to be
filed within seven days.
The petitioners were then granted seven days after service to file
supplementary affidavits and submissions, while respondents and interested
parties were also given a similar timeline.
“The matter will be mentioned on 18th November
2025 for highlighting of submissions,” Justice Mwita ordered.
The ruling also carried a penal notice warning
against defying the 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.
