A fresh petition has been filed in the High Court seeking to stop the construction of a church at State House, Nairobi. Four civil society groups – Transparency International Kenya, Kenya Human Rights Commission, Inuka Kenya ni Sisi, and the Institute of Social Accountability – argue that the reported Ksh1.2 billion project violates the Constitution, particularly Article 8, which bars the state from adopting any religion.
The groups want President William Ruto, his officers, and public officials barred from funding or facilitating the project. They also seek conservatory orders to halt construction, warning that completing the church could render their case meaningless.
They contend that President Ruto has already confirmed his direct involvement in the project through public statements and government actions. They argue that even if the church is funded through private donations, it still involves the use of public land, resources, and staff without public participation or parliamentary oversight.
The petitioners accuse the President of abusing office, misusing public funds, and violating constitutional principles of equality and religious neutrality. They invoke Articles 10, 27, and 32, which enshrine participatory governance, non-discrimination, and freedom of conscience.
“By privileging Christianity through such state-linked infrastructure, the government risks entrenching religious favoritism, marginalizing other faiths or non-believers, and undermining the constitutional principle of religious neutrality,” the petitioners argue.
The four civil society groups also accuse President William Ruto of eroding public trust, and breaching multiple provisions of the Constitution and relevant statutes. They cite Article 10(2) of the Constitution, which provides that national values and principles of governance should incorporate public participation in the exercise of the State power as well as in decision-making.
“The Petitioners assert that the reported construction of a religious facility within State House, a public property held in trust by the President, was carried out without any form of public participation or consultation. This omission violates the constitutional principle of participatory governance,” their lawyer, Lempaa Suyuanka, told the court.
Lawyer Suyuanka contends that building a Christian church at State House privileges one faith, marginalizes others, and misuses a public institution that belongs to all Kenyans. He argues this sets a dangerous precedent of religious favoritism.
“Such a precedent risks marginalizing non-adherents and violates the spirit of pluralism and equality enshrined in the Constitution. State House is a public institution owned and maintained by the people of Kenya through taxpayer funds. It serves as the official residence of the sitting President and is not the private or permanent property of the incumbent,” he says.
The groups want the court to declare the President’s actions unconstitutional, amounting to abuse of office, conflict of interest, and violation of the Leadership and Integrity Act. They have sued Attorney-General Dorcas Oduor on behalf of the President, with the Law Society of Kenya and Katiba Institute listed as interested parties.
The Attorney-General is yet to respond to this case, though she previously opposed similar petitions, arguing they were filed in the wrong forum. Two earlier petitions by activists Levi Munyeri and Dunstan Riziki also challenged the project’s legality. All three cases are now pending before the court.
