Court blocks plan to build Church inside State House
In a ruling delivered on Tuesday, Justice E.C. Mwita issued a conservatory order barring the government and its representatives from proceeding with the plan until the matter is fully heard and determined.
The High Court has stopped the construction of a permanent church within the State House grounds in Nairobi or at any other State Lodge, pending the outcome of a petition challenging the project.
In a ruling delivered on Tuesday, Justice E.C. Mwita issued a conservatory order barring the government and its representatives from proceeding with the plan until the matter is fully heard and determined.
The order came after a petition filed by Transparency International Kenya, the Kenya Human Rights Commission, and two other individuals, naming the Katiba Institute and the State Law Office as respondents.
The petitioners argue that building a religious facility within government premises raises deep constitutional questions regarding the relationship between religion and the State.
“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,” Justice Mwita stated.
According to the court order, no permanent religious building is to be put up at the State House grounds in Nairobi or in any other State House or State Lodge across the country until November 18, 2025, when the matter will come up again in court.
Justice Mwita also ordered that all parties be served with the relevant court documents without delay.
Respondents are required to file their responses to the petition within seven days of being served.
After that, the petitioners have been given an additional seven days to submit their supplementary affidavits and written arguments.
Interested parties and respondents will have a similar amount of time to respond.
“The matter will be mentioned on 18th November 2025 for highlighting of submissions,” Justice Mwita ordered.
The court also included a penal notice warning against ignoring the order. “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.
The ruling marks a temporary halt to the ongoing discussions around the intended religious structure and sets the stage for a legal battle that could have far-reaching implications on how public spaces are used in relation to faith in Kenya.
