Court declines to stop construction of Sh1.2 billion mega church at State House
The church is already taking shape and, according to the petition, is visible in satellite images near the presidential helipad at the State House complex.
President William Ruto has raised an objection to a petition that seeks to stop the construction of a Sh1.2 billion church at State House.
In an objection filed by Attorney General (AG) Dorcas Oduor, President Ruto argued that the constitutional court has no jurisdiction to hear land-use disputes and sought the case's transfer to the Environment and Land Court.
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According to the AG, through lawyer Emmanuel Bitta, the appropriate matter should have been filed at the Environment and Land Court.
"The Court is expressly barred by the provisions of Article 165 (5)(b) as read together with Article 162 (2)(b) of the Constitution and Sections 4 and 11 of the Environment and Land Court Act from hearing and determining any disputes arising from the use, occupation of and title to land, including public land," said Bitta.
In his ruling, High Court Judge Lawrence Mugambi directed that the two cases be heard on September 22, 2025, but declined to issue orders stopping the church's construction.
Lawyer Levi Munyeri, on behalf of the petitioners, had earlier argued that Ruto had admitted that he was building an 8,000-seater church. Munyeri said the project ought to have, however, been subjected to public participation and open to competitive bidding.
He added that building a church on public land using the resources of a private citizen undermines key constitutional principles, including the separation of church and state, public participation, transparency, the rule of law, equality and non-discrimination.
The lawyer asked the court to issue a conservatory order to halt the ongoing or planned construction of the mega-church at State House, Nairobi, pending the full hearing and determination of the case.
"This Honourable Court be pleased to issue a conservatory order stopping any use or continued use of public funds in the construction or impending construction of a mega-church at State House, Nairobi, pending the hearing and determination of this Petition", said Munyeri.
He added, "The construction was shrouded in secrecy due to its unconstitutionality, and it could have been completed without public knowledge had the Daily Nation not published the story on July 4, 2025."
Munyeri warned that allowing the project to continue poses a serious risk of eroding these constitutional safeguards and could fuel rising religious tensions in Kenya.
He also noted that if construction continues before the petition is heard, the presidency could use the secrecy around the project to tamper with evidence and undermine the court's final decision, making the petition pointless.
"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 will be negated to the detriment of the public", he said.
The church, according to the petition, is already taking shape and is visible in satellite images near the presidential helipad at the State House complex.
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