President William Ruto can continue building the Sh1.2 billion church at State House after the court ordered that two cases challenging the construction be heard on 22 September 2025, without issuing orders stopping the same.
This is after Attorney General Dorcas Oduor raised an objection that the constitutional court had no authority to hear a case on land use.
According to her lawyer, Emmanuel Bitta, the appropriate forum should have been the Environment and Land Court. "The Honourable 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," argued Bitta.
Lawyer Levi Munyeri said Dr Ruto had admitted that he was building a church with a seating capacity of 8,000.
