The High Court has stopped the construction of permanent religious buildings, including churches, at State House, Nairobi, and other official government residences across the country.
Justice Mwita of the Milimani Law Courts issued the temporary orders after Transparency International Kenya, the Kenya Human Rights Commission, and two other lobby groups moved to court.
The petition, filed on August 20, 2025, argues that putting up religious structures at State House raises constitutional questions on the separation of religion and state.
In a ruling delivered on Thursday, Justice E.C. Mwita issued a conservatory order restraining the government and its agents “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 Lodges until 18th November 2025.”
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.
“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 judge stated.
Respondents have been given seven days to file and serve their responses to both the application and the petition.
The ruling also carried a penal notice warning against defying the directive.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” the notice read.
The matter has been scheduled for highlighting of submissions on November 18, 2025.
