The Attorney General Dorcas Oduor has asked the High Court to dismiss a constitutional petition challenging the hosting of a national prayer event at a five-star hotel, arguing that the case discloses no constitutional violation and improperly seeks to interfere with parliamentary processes.
In grounds of opposition, Attorney General, who is the 4th Respondent in the case filed by Lempaa Suyianka, contends that there is no cause of action established against his office.
According to the Attorney General, the petitioner’s reliance on Article 35 of the Constitution on access to information is misplaced, arguing that the right is not absolute and is subject to statutory procedures and limitations, including compliance with the Access to Information Act and relevant parliamentary procedures.
On allegations of discrimination under Article 27, the State Law Office argues that the claims are vague, unsubstantiated and unsupported by evidence demonstrating differential treatment.
The Attorney General further states that the mere holding of an event at a particular venue including a five-star hotel does not in itself amount to discrimination within the meaning of the Constitution.
The AG also faults the petitioner for failing to identify any specific prohibited ground of discrimination or demonstrate unequal treatment against a comparable group of persons.
Further, the Attorney General argues that the petition improperly invites the court to interfere with internal parliamentary processes in the absence of a demonstrated constitutional violation, contrary to the doctrine of separation of powers.
“The holding of a national prayer breakfast or similar national event does not, per se, amount to a violation of the doctrine of separation of powers,” the Attorney General states in the filed grounds.
On the question of public expenditure, the State contends that the petition does not demonstrate any illegality, misappropriation, or unconstitutional spending, but merely questions the prudence of the venue and cost of the event an issue it says does not amount to a justiciable constitutional dispute.
The Attorney General also argues that the petition fails to meet the constitutional threshold for precision in pleadings as required in constitutional litigation.
The Office of the Attorney General is now urging the High Court to dismiss the petition with costs.
Lawyer Lempaa moved to the High Court in Nairobi seeking orders to stop Parliament and related offices from organising the 2026 National Prayer Breakfast using public money.
I Lempaa Suyianka has sued the Parliamentary Service Commission, the National Assembly, the Senate, the Attorney General and the Commission on Administrative Justice.
The petitioner is asking the court to certify the matter as urgent and, pending the hearing of the main petition, issue restraining orders barring the respondents from organising the 2026 National Prayer Breakfast using public funds.
