Petition Seeking To Declare The Annual National Prayer Breakfast Unconstitutional Dismissed.

The High Court has dismissed a petition seeking to declare the annual National Prayer Breakfast unconstitutional, ruling that there was not enough evidence to prove discrimination or violation of the Constitution.

In the ruling, the court said the petitioner failed to properly present and prove claims that the event violates Article 8 of the Constitution, which provides for the separation of religion and the State.

The judge noted that although both sides made arguments about whether the National Prayer Breakfast promotes a State religion, the issue was not formally included in the petition.

“Submissions are not pleadings,” the court said, adding that it could only determine issues that had been formally placed before it.

The court also stated that the petitioner had enough time to amend the petition and include the Article 8 claims before the judgment but failed to do so.

“As serious questions on the constitutionality of the National Prayer Breakfast were raised in the submissions, the same must be the subject of a separate inquiry and not this petition,” the judge ruled.

On claims that holding the event at Safari Park Hotel was discriminatory and violated Article 27 of the Constitution, the court found no evidence of unfair treatment.

According to the respondents, the venue was selected through a procurement process that complied with Article 227 of the Constitution, while the event was also made accessible to the public through live broadcasts.

“It should appear to me that the event is reasonably accessible and that inputs have been made to broadcast the same,” the judge stated.

However, the court found that the petitioner’s rights to access information and fair administrative action had been violated after the respondents failed to provide information requested in a letter dated March 13, 2025.

The court ordered the National Assembly to provide the requested information within 30 days in a format that can easily be understood by ordinary Kenyans.

The judge also ruled that the Commission on Administrative Justice acted properly and responded to the complaints without delay.

The petition was filed by lawyer Lempaa Suyiaka, who sought to stop Parliament from funding the 2026 National Prayer Breakfast using public money, arguing that it goes against the principle of separation between religion and the State.