The petition challenges the legal requirement that Christian marriages remain monogamous.
The Attorney General asks the Kitale High Court to dismiss an 80-year-old petitioner’s challenge to marriage laws.
The Attorney General’s Office has opposed a petition seeking legal recognition of polygamous Christian marriages. It urged the High Court in Kitale to dismiss the case, arguing that personal preference does not establish a constitutional violation.
Petitioner Boniface Ndura Koimburi, 80, is challenging the legal requirement that Christian marriages remain monogamous. However, the State maintains that he has not shown how the Marriage Act of 2014 violates his rights.
State challenges polygamous Christian marriages petition
State Counsel Lotiir Henry and Deputy Chief State Counsel Joyce Chilaka presented the State’s arguments before Justice Robert Limo. They said Koimburi had not demonstrated discrimination against Christians under the Act.
Lotiir argued that Koimburi had faced neither State persecution nor discrimination within his religious community. Instead, he said, the petitioner’s concern centred on the legal consequences of marrying a second wife.
The State also defended Parliament’s authority to enact the Marriage Act under Article 45(4) of the Constitution. It maintained that lawmakers acted within their mandate when they recognised Christian marriages as monogamous.
Chilaka further argued that Koimburi had not met the requirements for constitutional litigation or shown that he represented a religious organisation. She also faulted him for not showing that he had petitioned Parliament to amend Section 171 of the Penal Code. That provision criminalises bigamy.
Petitioner defends individual right to challenge law
However, Koimburi’s lawyer, Dennis Wanyama, rejected the argument that his client needed to represent an entire religious denomination. He said individuals can bring constitutional claims even when their views differ from those of their religious community.
Wanyama also argued that Article 45(4) requires Parliament to recognise different marriage systems, rather than determine religious practices. He questioned the different legal treatment of Christian, Hindu and civil marriages, which are monogamous. In contrast, Islamic and customary marriages allow polygamy.
Meanwhile, Koimburi said he remained determined to pursue the case to its conclusion and expressed hope for success. The retired teacher has written two books advocating polygamous Christian marriages.
He also expressed concern that the threat of a five-year prison sentence for bigamy discourages men from taking second wives.
The Attorney General has asked the court to dismiss the petition without costs. The court will give directions on the delivery of its judgment on January 21, 2027.
