NAIROBI, Kenya – The construction of a multi-billion shilling church at State House will proceed after the High Court declined to issue interim orders halting the controversial project, despite a legal challenge citing constitutional violations.
Justice Lawrence Mugambi directed that the two petitions challenging the Sh1.2 billion project be heard on September 22, but ruled that construction may continue in the meantime.
The petitioners, through lawyer Levi Munyeri, had urged the court to issue a conservatory order stopping the development, arguing that it violates the principles of transparency, public participation, and the constitutional separation of church and state.
They also questioned the legality of building a religious facility on public land using what has been described as “private funds,” warning the project could inflame religious tensions and set a dangerous precedent.
“The construction was shrouded in secrecy due to its unconstitutionality,” said Munyeri, adding that the public only learned of the project after it was reported by Daily Nation on July 4.
The petition claims the project is already visible in satellite images near the presidential helipad at the State House complex.
Ruto, AG Object to Jurisdiction
President William Ruto, through the Attorney General Dorcas Oduor, opposed the petition, arguing the constitutional court lacks jurisdiction to hear land-related disputes.
In court documents filed by State counsel Emmanuel Bitta, the President requested the matter be transferred to the Environment and Land Court, which handles land use and public land disputes under Article 162 of the Constitution.
“This court is expressly barred… from hearing and determining any disputes arising from the use, occupation of and title to land, including public land,” Bitta told the court.
Constitutional Questions Raised
The petitioners claim Ruto’s decision to build the 8,000-seater church violates several constitutional provisions, including:
- Article 10: National values and principles of governance, including public participation.
- Article 27: Equality and non-discrimination.
- Article 32 & 8: Freedom of religion and the principle that Kenya shall not have a state religion.
- Article 201: Principles of public finance.
They further allege the project bypassed competitive procurement processes and lacked public involvement, raising red flags over potential misuse of public land and resources.
Munyeri argued that allowing construction to continue could jeopardize the integrity of evidence and render the court process futile.
“Unless the court intervenes, public resources will be plundered and the right of the public to participate in the use of public land will be negated to the detriment of the public,” he said.
Although the court declined to halt construction, it agreed to hear the petition on its merits in September.
The case has stirred national debate over the use of public spaces for religious purposes, the blurred lines between the state and the church, and the transparency of large-scale projects involving the presidency.
If upheld, the petition could set a precedent for how public land is used for religious activities — particularly when associated with high-level state actors.
