By Kennedy Nalyanya
Nairobi, Kenya – A Nairobi High Court has today, August 28, 2025, issued a conservatory order temporarily halting the construction of a permanent church or any religious building within the grounds of State House, Nairobi, and other State Lodges. The ruling by Justice E.C. Mwita comes as a significant development in a burgeoning national debate over the separation of church and state in Kenya
The court's decision was a direct response to a petition filed by prominent civil society organizations, including Transparency International Kenya and the Kenya Human Rights Commission. These groups argue that building a religious facility on public land, particularly a symbol of national governance like State House, fundamentally violates Kenya's constitutional principle of a secular state and the crucial separation of religion from government.
Justice Mwita has scheduled the case for the highlighting of submissions on November 18, 2025. On this date, the court is expected to provide further directions or potentially deliver a more permanent ruling on the matter. This will be a critical juncture for both sides of the argument.
The legal challenge gained traction after President William Ruto publicly announced his intention to construct a new church. He stated that the project would be personally funded and would serve to replace an existing temporary structure. However, this announcement quickly ignited a widespread national debate. Critics have raised questions about the appropriate use of public land, the delicate balance of church and state, and the imperative of ensuring religious inclusivity in a country that is constitutionally secular.
The High Court's intervention underscores the gravity of these constitutional questions, setting the stage for a crucial legal and public discourse in the coming months.
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