Ruto barred from building church at State House amid constitutional challenge
Four lobby groups aver the project violates constitutional provisions on religious neutrality
President William Ruto has been barred from proceeding with the construction of a church at State House until a petition filed by four lobby groups is heard and determined.
Justice Chacha Mwita issued the interim orders as he directed the parties to be served with the application immediately and file their responses within seven days.
“A conservatory order is hereby issued restraining the government of Kenya, its officers, and or anyone acting on its behalf from constructing a permanent church or building associated with any religious faith within the Grounds of State House, Nairobi, or any other State House or State Lodge,” Mwita directed.
He scheduled for November 18 as the hearing date for directions to be given by the court.
The interim orders come after Transparency International Kenya, Kenya Human Rights Commission, Inuka Kenya Ni Sisi, and the Institute of Social Accountability, have challenged the construction of the church by President Ruto, arguing it violates constitutional provisions on religious neutrality.
In the petition, the four have contended that the project breaches Article 8 of the Constitution, which prohibits the state from adopting any religion.
They argued that constructing a church at the State House privileges Christianity over other faiths and undermines the principle of religious equality.
The civil society groups, through their lawyer Lempaa Suyuanka, asserted that the construction violates participatory governance principles enshrined in Article 10(2) of the Constitution.
Despite involving public land and resources, they claimed the project proceeded without public consultation or parliamentary oversight.
“The reported construction of a religious facility within the State House, a public property held in trust by the President, was carried out without any form of public participation or consultation. This omission violates the constitutional principle of participatory governance,” they have stated in the petition.
The organisations accused President Ruto of abusing his office and misusing public resources for religious purposes.
They have warned that allowing the church construction to proceed would entrench religious favouritism and marginalize other faiths or non-believers.
“By privileging Christianity through such state-linked infrastructure, the government risks entrenching religious favouritism, marginalising other faiths or non-believers, and undermining the constitutional principle of religious neutrality,” the petition adds.
