By KPC Court Reporter
A Nairobi-based advocate has filed a constitutional petition challenging the construction of a megachurch within the State House grounds.
Lwyer Levi Munyeri argues that the project is unconstitutional and risks violating Kenya’s secular status, a matter that the High Court certified as urgent.
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In the petition filed at the Constitutional and Human Rights Division of the High Court, Munyeri has asked the court to issue urgent conservatory orders halting the church construction, which is estimated to cost KSh1.2 billion.
The case lists the Attorney General as the respondent and the Law Society of Kenya (LSK) as an interested party.
Munyeri’s petition stems from a news exposé published by The Daily Nation on July 4, which revealed ongoing church construction near the presidential helipad at State House, Nairobi.
The report included satellite images, architectural designs, and detailed accounts of the church’s scale and features, including an 8,000-seat capacity.
Following the media coverage, President William Ruto, while addressing a delegation from Embu, confirmed he was indeed building a church at State House using his own personal funds.
“I found a mabati church at State House… now I’m building one that befits the place,” the president said.
He insisted no public money was being used in the project.
But Munyeri argues that even if privately funded, erecting a religious structure within State House, which is a symbol of national unity and a public institution violates Article 8 of the Constitution.
The Article prohibits the establishment of a state religion.
He further cites breaches of Articles 10, 27, 32, and 62, arguing that the decision lacked public participation, discriminates against non-Christian faiths, and improperly uses public land without parliamentary approval.
“Hosting a megachurch at State House creates the impression of state endorsement of one religion over others, which could fuel religious tension,” Munyeri states in court documents.
He also challenges the president’s claim of private funding, calling it “misleading and unrealistic,” and raises concern over the potential misuse of public resources in the absence of transparency.
The petition warns that unless the court intervenes, the construction will set a dangerous precedent allowing the presidency to use public land for personal religious preferences.
This would undermine the constitutional doctrine of separation between church and state.
Munyeri, who is active in public interest litigation, is seeking urgent interim orders to suspend the construction pending full hearing and determination of the case.
High Cout judge, Justice Lawrence Mugambi, while certifying the matter as urgent, directed the Attoney General (representing the president) to file response within seven days.
He fixed the matter for further instructions on 24th of this month, July.
