Court Rejects Challenge to National Prayer Event, Mandates Cost Transparency

Kenya’s High Court has rejected a legal challenge against the constitutionality and venue of the annual National Prayer Day, determining that the event does not infringe upon any constitutional rights. In a ruling issued on May 26, the court stated that although the challenge to the event’s legality was unfounded, Parliament remains duty-bound to clarify how public funds are utilized for the National Prayer Breakfast. Judges declined to invalidate the annual gathering, noting that the petitioner did not adequately demonstrate how the event contravened Article 8 of the Constitution concerning the separation between religious institutions and the State. While both parties presented extensive arguments regarding whether the prayer breakfast constituted state endorsement of religion, this specific matter was not incorporated into the original petition, despite opportunities for amendment before the final ruling. The bench observed that constitutional questions raised during proceedings about the event’s legality necessitate a distinct investigation and cannot be adjudicated within the current case’s parameters. Regarding claims that holding the event at Safari Park Hotel constituted discrimination, the court discovered no proof of unfair exclusion, pointing to the venue’s selection via a procurement procedure aligned with constitutional requirements and its public availability, including live broadcast access. Nonetheless, the National Assembly was instructed to either jointly or separately reveal the public funds allocated to the event within 30 days in a format accessible to the public. The ruling determined that the petitioner’s rights to information access and fair administrative treatment were breached when Parliament neglected to respond to information requests made in a March 13, 2025 letter, despite intervention by the Commission on Administrative Justice in July 2025. The legal action was initiated by attorney Suyianka Lempaa, who sought disclosure of Parliament’s expenditure details and to prevent the use of taxpayer money for future iterations of the gathering. Lempaa contended that Parliament’s withholding of financial information contravened constitutional mandates on accountability and information access, additionally asserting that Parliament’s role in organizing the prayer breakfast compromised the separation of governmental powers and constituted wasteful expenditure of public funds. The judgment arrived just ahead of the 23rd Annual National Prayer Breakfast, scheduled for May 28 at Nairobi’s Safari Park Hotel commencing at 7am, thereby enabling the event to proceed as originally planned. The National Prayer Breakfast was formally established as an annual tradition, typically occurring on the final Thursday of May, uniting political figures, diplomatic representatives, religious leaders, and business sector members.