The High Court temporarily barred the government from constructing a permanent church or any building linked to a religious faith within the grounds of State House, Nairobi, or in any other State House or State Lodge across the country.
Justice Chacha Mwita issued the conservatory order on August 26, after finding that a petition filed by civil society groups raises “fundamental constitutional and legal questions touching on State and religion” that require urgent judicial consideration.
The petitioners, led by the National Integrity Alliance which includes the Kenya Human Rights Commission (KHRC), Transparency International Kenya, Inuka Ni Sisi!, and Transparency International South Africa argued that putting up a permanent place of worship at State House contravenes the Constitution, which declares Kenya a secular state.
In the interim orders, Justice Mwita directed the government, its officers, and any agents acting on its behalf to refrain from erecting any religious structures within State House grounds until November 18, when the matter will come up for highlighting of submissions.
The court further ordered all pleadings to be served immediately, with respondents given seven days to file responses.
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