A 79-year-old Kenyan man has moved to the High Court seeking constitutional changes to laws that criminalize bigamy within Christian marriages.
Boniface Ndura Koimburi filed the petition through his lawyer, Dennis Wanyama. He is asking the court to review provisions in the Penal Code and the Marriage Act that bar a person married under Christian rites from taking an additional spouse while the first marriage remains legally valid.

What the Law Says

Under Section 171 of the Penal Code, bigamy is defined as marrying another person while still legally married. The offence carries a maximum penalty of five years’ imprisonment.
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The Marriage Act recognizes different types of unions in Kenya, including Christian, customary, civil, Hindu and Islamic marriages.
While customary and Islamic marriages may permit polygamy, Christian marriages are treated as monogamous under the law.
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Grounds of the Petition

In court documents, Mr Ndura argues that the distinction amounts to discrimination. He contends that Christian men who wish to marry more than one wife are denied the legal recognition that is available to men under customary and Islamic marriage systems.
The petition cites alleged violations of constitutional protections on:
  • Equality and freedom from discrimination (Article 27)
  • Freedom of conscience and religion (Article 32)
  • Freedom of association (Article 36)
  • Rights relating to family and marriage (Article 45)
“The current framework creates unequal treatment based on the form of marriage,” the petition states.
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Curriculum Challenge
The petitioner has also raised concerns about the Christian Religious Education (CRE) syllabus developed by the Kenya Institute of Curriculum Development.

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He argues that the curriculum presents monogamy as the only valid Christian model of marriage and does not acknowledge alternative interpretations found in religious texts.
A.I Generated

Court Proceedings

During a procedural hearing in September 2025, the High Court declined a request to empanel a three-judge bench, stating that the matter would proceed through the normal case management process. The court directed the petitioner to serve the Attorney-General with a notice for mention ahead of formal directions.

Broader Legal Context

Kenya’s plural legal system recognizes polygamous unions under customary law and Islamic law. Since 2014, the Marriage Act has provided for registration of polygamous unions in those categories.
Legal analysts note that the case raises constitutional questions about the balance between religious doctrine, cultural practice and statutory regulation of marriage.
The petition remains pending before the High Court. Its determination could clarify how equality and religious freedom provisions apply within Kenya’s diverse marriage framework.