A petition to stop the ongoing construction of a church in State House grounds has been certified as urgent by the High Court by Justice Lawrence Mugambi on July 7th. The Attorney General, Dorcas Oduor, on behalf of the President, has been granted seven days to file a response to the petition so as to address the issues brought up by the petition.
The petitioner, lawyer Levi Munyeri, has argued that the construction of a church on public land using the resources of a private citizen (the President) undermines well-established constitutional provisions of no state religion, national values of public participation, transparency, rule of law, equality and non-discrimination.
He has contended that the construction of a megachurch at State House grossly undermines the constitutional provisions that denounce any state religion. “If the construction is allowed to progress, there is an imminent risk of a gross dilution of the constitutional dictates on religion and the rise of religious tension in Kenya,” stated the court documents.
Mr Munyeri went on to argue that the admission by the President on July 4th regarding the construction of a megachurch had infringed multiple constitutional provisions. According to him, the lack of approval by Parliament and from the public shrouded the construction in secrecy due to its unconstitutionality. The structure of the megachurch, according to the documents, has already taken shape and can be seen in satellite images near the presidential helipad at the State House complex.
Moreover, Mr Munyeri argued that continuation of construction would lead to the plundering of public resources and that the right of the public to participate in the use of public land would be negated. “Unless this court issues ex-parte conservatory orders sought herein, halting the said construction of the megachurch at State House–Nairobi pending the hearing and determination of this petition, public resources will be plundered and the right of the public to participate in the use of public land be negated to the detriment of the public.”
He concluded that if the construction continued, the Presidency would technically impose a state religion, further diluting the separation of religion and state, and set a dangerous precedent on the use of public land by private citizens.
The construction of a megachurch in State House grounds has raised concerns and criticisms from Kenyans and various groups. According to Article 8 of the Constitution, there should be no state religion, meaning the government is meant to maintain a secular approach in governance.
The President has, however, defended his initiative by denying reports that the church would house 8,000 congregants and cost KSh 1.2 billion as “baseless and misleading.” According to him, the project would cost KSh 300 million and accommodate 300 congregants. He also said that he found an old tin-roofed church in the State House premises and that it was only logical to renovate it alongside the residential and official premises at State House.
The case is scheduled to be mentioned on July 24, 2025, for further directions.
– By Anthony Mwangi
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