A Nairobi-based lawyer has moved to court seeking to stop the construction of a Sh1.2 billion megachurch at State House, accusing President William Ruto of violating the Constitution by building a religious facility on public land using private funds.

In an urgent petition filed in court, Levi Munyeri is asking for a conservatory order to halt the ongoing or planned construction of the church within the State House complex until the case is fully heard and determined.

"This Honourable Court be pleased to issue a conservatory order stopping any use or continued use of public funds in the construction or impending construction of a mega-church at State House, Nairobi, pending the hearing and determination of this Petition," the court documents read.

The lawyer claims the project breaches several constitutional principles, including separation of church and state, equality, non-discrimination, transparency, public participation, and the rule of law.

According to Munyeri, the matter became public only after a story published by the Daily Nation on July 4, 2025, revealed that the president had admitted to constructing a megachurch within the State House grounds.

"The construction was shrouded in secrecy due to its unconstitutionality, and it could have been completed without the knowledge of the public had the Daily Nation not published the story on 4th July 2025," the petition states.

He argues that despite the project's scale and its location on public land, no public consultation or parliamentary approval has taken place. Satellite images, according to the court papers, already show the structure taking shape near the presidential helipad.

Munyeri contends that the project undermines the Constitution, which expressly forbids the establishment of a state religion and supports the independence of state institutions from religious influence.

"Unless this court issues ex-parte conservatory orders sought herein, halting the said construction of the megachurch at State House - Nairobi pending the hearing and determination of this petition, public resources will be plundered and the right of the public to participate in the use of public land be negated to the detriment of the public," he adds.

The petition also raises concern that the secrecy surrounding the construction could allow the presidency to tamper with evidence before the court hears the case.

"Unless the orders sought herein are granted, the presidency will technically impose a state religion, dilute the separation of state religion and set a dangerous precedent on the use of public land by private citizens; all constitutional infractions that may be irreparable by the final orders of this court upon full hearing of this petition are likely to be irreparably harmed by construction of the church at State House," the petition reads.

The case is now pending judicial direction on whether the conservatory orders will be granted to stop the construction pending a full hearing.