A third petition has been filed in court challenging President William Ruto's decision to build a church at State House.
A second petition has been filed at the High Court in Nairobi seeking to stop the construction of the Sh1.2 billion church in State House, Nairobi.
The petition also seeks to bar any person, including Dr Ruto, from using private funds to build a church on government land.
This comes even as the Attorney General on Thursday lodged a preliminary objection seeking the dismissal of the two cases filed by rights advocate Dunstan Riziki and lawyer Levi Munyeri.
The AG, through State counsels Emanuel Bitta and Christopher Marwa, argued that the cases had been filed in the wrong forum, stating that the Human Rights Division of the High Court is not the appropriate venue for the matter.
The Western view in daytime of the massive church whose construction is ongoing within the grounds of State House, Nairobi.
In the new petition filed by Mr Riziki, the court is asked to direct State House Comptroller Katoo Ole Metito to halt any ongoing or planned construction of a permanent religious structure within State House or any state lodges across the country.
The petitioner also wants the court to stop any person, including the President, from using private donations to construct a religious building on government property, such as the State House or state lodges.
The application stems from President Ruto’s earlier public defence, in which he stated that he was funding the church project using his own money.
Responding to public criticism, the President said, “The construction of the church is not costing the government a single cent.”
However, the petitioner argues that such a move violates the Constitution, the Public Officers Ethics Act and the Leadership and Integrity Regulations (Legal Notice No. 13 of 2015).
“The construction of a church at State House by the President as a personal donation promotes Christianity as a state religion, to the disadvantage of other faiths. Article 8 of the Constitution explicitly states that there shall be no state religion and appreciates Kenya’s religious and cultural diversity,” Mr Riziki argues.
The asserts that the separation of religion from state affairs is intended to protect the rights of all citizens to freely practice any religion without state interference or bias.
The petitioner adds that since various religious institutions contribute to public goods such as education, healthcare and vocational training it would be unconstitutional to elevate one religion above others.
“There must be a distinct separation between the State and religion. It is unconstitutional for the government, through its leaders, to appear to elevate one religion, as it alienates minorities and fosters religious discrimination,” he says.
He further claims that the State House church project, even if funded privately, sends a divisive message and undermines the spirit of religious neutrality.
“The President’s actions lack any legal basis and are unreasonable and whimsical. They must be quashed,” he says in the petition, adding that the President’s move represents religious coercion and political projection rather than genuine spiritual service.
He contends that despite the widespread acknowledgment that religious freedom is a fundamental right it does not receive the same level of legal protection as other freedoms.
Mr Riziki has sued the State House Comptroller and the Attorney General. He is seeking interim orders to halt the construction pending a full hearing of the case, warning that if allowed to proceed, the government will continue to violate constitutional secularism under Articles 8 and 32 of the Constitution.
The first petition was filed by lawyer Levi Munyeri, who also argued that the project is unconstitutional and amounts to endorsing Christianity as Kenya’s state religion.
“The construction of a mega church at State House grossly undermines constitutional provisions that reject the establishment of any state religion and affirm the doctrine of separation between Church and State. If allowed to proceed, the project risks triggering religious tensions and eroding constitutional safeguards,” said Munyeri.
He contends that the President ought to have sought parliamentary approval and conducted public participation before commencing the project.
The two cases are scheduled to be heard on September 22, 2025, before Justice Lawrence Mugambi.
