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Court blocks State House church construction pending petition hearing

The judge noted that the petition raised weighty constitutional and legal issues touching on the relationship between State and religion.

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The High Court has temporarily barred President William Ruto from constructing a church within the State House compound and other State Lodges across the country.

Justice Enock Chacha Mwita on Thursday issued a conservatory order stopping the project until 18 November 2025 when the matter will be heard.

The judge noted that the petition raised weighty constitutional and legal issues touching on the relationship between State and religion, which required urgent examination.

The order came after Transparency International Kenya, Kenya Human Rights Commission, Inuka Kenya ni Sisi, the Institute of Social Accountability, and Katiba Institute challenged the project.

The petitioners argue that the plan to erect a permanent church at State House violates Article 8 of the Constitution, which bars Kenya from adopting any State religion.

They say it promotes Christianity at the expense of other faiths and undermines religious neutrality.

They further claim the project amounts to misuse of public land and state resources, even if privately funded, as it involves state officers and property without parliamentary approval or public participation.

In their view, the church plan represents an abuse of office by the President, who is constitutionally bound to safeguard equality and inclusivity.

The groups warn that the construction could cause irreparable harm to the constitutional framework and public trust if it proceeds before the case is heard.

Justice Mwita ordered that all parties be served immediately and directed responses to be filed within seven days.

Petitioners will then have a further seven days to file supplementary affidavits.

The court also limited submissions to 10 pages each and scheduled the highlighting of arguments for 18 November 2025.

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