High Court halts church construction at State House pending petition outcome

High Court halts church construction at State House pending petition outcome

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The High Court has issued conservatory orders temporarily halting the construction of any permanent religious buildings, including churches, within the precincts of State House, Nairobi, and other official government residences across the country.

Milimani Law Courts’ Constitutional and Human Rights Division judge Justice Mwita issued the orders, following a petition from Transparency International Kenya, the Kenya Human Rights Commission, and two other lobby groups. 

The petition, filed on August 20, 2025, raises serious constitutional and legal issues about the intersection of religion and state functions.

The petitioners argue that the establishment of religious infrastructure in public places such as the State House may violate the constitutional principle of state neutrality in religious matters.

Justice Mwita, who reviewed the pleadings and determined the urgency of the case, stated that the issues raised were serious and required immediate judicial intervention to allow for further legal scrutiny.

Respondents have been given seven days to file and serve their responses to both the application and the petition.

The matter has been scheduled for highlighting of submissions on November 18, 2025.

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