The High Court has stopped President William Ruto’s plan of building a permanent church or any religious structure within the grounds of State House, Nairobi, or any other State House or State Lodge.

In a ruling delivered on August 26, 2025, at the Milimani Law Courts, Justice E.C. Mwita issued a conservatory order restraining the State from proceeding with the project until November 18, 2025.

The case, filed by Transparency International Kenya, the Kenya Human Rights Commission, and two others, raises concerns over the constitutional relationship between the state and religion.

“Upon considering the pleadings and the grounds of urgency, 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,” the ruling read in part.

The court further directed that pleadings be served immediately and responses to the petition filed within seven days. Petitioners were given an additional seven days to submit supplementary affidavits, while respondents and interested parties will also have seven days to respond.

Highlighting of submissions is set for November 18, 2025, when the matter will be further heard. Any disobedience of the order, the court warned, will attract penal consequences.

The order followed a petition filed by the National Integrity Alliance, a coalition that includes the Kenya Human Rights Commission (KHRC), Transparency International Kenya (TIKenya), Inuka Ni Sisi!, and TISAKenya.

The petitioners argued that the proposal undermines Kenya’s secular status as enshrined in the Constitution.

“The High Court has barred the government from putting up a permanent church or any structure tied to a religious faith within the premises of State House, Nairobi, or any other State House or State Lodge,” KHRC said in a statement shared on X.

Petition stirs political storm

The ruling comes in the wake of Ruto’s plan to build a Ksh1.2 billion church at State House. The revelations triggered sharp criticism from the public and political leaders, who questioned the legality, morality, and timing of such a project amid the country’s economic difficulties.

On July 4, 2025, Mumias East MP Peter Salasya ignited the debate with a strongly worded open letter, accusing the President of constitutional overreach. Quoting Article 8, which states that “there shall be no state religion,” Salasya faulted the move as a betrayal of struggling Kenyans.

“Parents cannot afford school fees. Youths are without jobs. Hospitals are out of medicine,” he said, branding the project a tragic misuse of resources.

Lawyer Willis Otieno echoed the concerns on August 19, 2025, raising questions about the source of the funds. “Fair question, Mr President, but where does someone get Ksh1.2 billion to build a church on public land?” he asked in a post on X, linking the matter to ongoing corruption debates.

Secular identity in spotlight

The court order, issued with a penal notice, requires responses within seven days and directs all submissions to be filed by November 18, 2025. The case has been docketed as HCCHR PET/E545/2025.

The State House has yet to issue a formal response.