Introduction

The High Court in Nairobi has issued conservatory orders temporarily suspending the construction of permanent religious buildings, including churches, within State House and other official government residences. The ruling follows a petition filed by civil society groups questioning the constitutional validity of establishing religious structures in public institutions.

The Petition

On August 20, 2025, Transparency International Kenya, the Kenya Human Rights Commission, and two other lobby groups lodged a petition before the Constitutional and Human Rights Division of the High Court. The petition challenged the construction of religious facilities within State House, arguing that it undermines the principle of state neutrality in matters of faith.

Court Ruling

Justice Mwita, presiding over the case, issued temporary conservatory orders halting any ongoing or planned religious construction. He emphasized that the case raises weighty constitutional concerns, particularly regarding the separation of religion and state, which must be examined before further action is taken.

Constitutional Concerns

The petitioners argued that placing religious infrastructure in State House or other government residences risks breaching constitutional principles, particularly those guaranteeing equality and freedom of religion. They contended that such actions could be interpreted as state endorsement of specific faiths, thereby compromising neutrality.

Next Steps in the Case

Justice Mwita directed the respondents to file and serve their responses to the application and the petition within seven days. The court has scheduled the matter for the highlighting of submissions on November 18, 2025, where the arguments will be further scrutinized.

Conclusion

The High Court’s intervention underscores the delicate balance between religion and governance in Kenya. While freedom of worship remains a protected right, the petitioners argue that its exercise must not interfere with the neutrality of state institutions. The case now awaits a substantive hearing that could set a precedent for how religion and state functions coexist within public spaces.