Man moves to Kitale court to challenge ban on polygamy for Christians

Ndura Koimburi says he will walk into court seeking to overturn sections of the Marriage Act that bar Christian men from marrying more than one wife. /SCREENGRAB

A legal challenge set to be filed at the Kitale High Court on March 4 is poised to reopen a culturally sensitive debate about marriage, faith and equality under Kenyan law.

Ndura Koimburi says he will walk into court seeking to overturn sections of the Marriage Act that bar Christian men from marrying more than one wife.

In doing so, he hopes to redraw the legal boundaries between polygamy and bigamy — two terms often used interchangeably in public debate, but treated very differently in law.

“I will be there on the 4th of March, and I’m asking for solidarity from all the men and all the single mothers across the country,” Koimburi said ahead of the filing.

At the heart of his case is a contrast embedded in the Marriage Act, 2014. The law formally recognises polygamy under customary and Islamic marriages, describing them as “potentially polygamous.”

A man in such a union may legally marry more than one wife, provided each marriage is properly registered.

The Act requires equal treatment of all wives, particularly in matters of property ownership and inheritance.

However, the same law draws a firm line around civil, Christian and Hindu marriages, defining them as strictly monogamous.

A person married under those systems cannot lawfully take another spouse unless the first marriage is dissolved.

To do so would constitute bigamy — the criminal act of entering into a marriage with one person while still legally married to another.

Unlike polygamy, which the Act accommodates in specific contexts, bigamy remains illegal and is treated as a felony in many jurisdictions, including Kenya.

Koimburi argues that the distinction disadvantages Christian men who may wish to enter polygamous unions without breaking the law.

He has framed the case both as a personal grievance and a broader societal concern, asking both men and women "to follow up on the case because the direction the case will take might affect them in marriage".

“We are also calling on all the youth of this country because tomorrow, they will be in marriage as wives or husbands and what will transpire in Kitale High Court may have to affect their lives very substantially,” he said.

He also encouraged single mothers to follow the proceedings closely, suggesting they might view polygamy within the Christian context as a pathway to family stability and a way to secure a father figure for their children and greater economic support 

The legal terrain Koimburi seeks to challenge is detailed and procedural. Under the Marriage Act, no person may marry unless they have attained the age of 18 years.

Every marriage must be witnessed by two competent witnesses — individuals who are at least 18 years old, of sound mind, sober and able to understand the language of the ceremony.

The Act recognises marriages celebrated in accordance with Christian rites, civil procedures, customary traditions of Kenyan communities, Hindu rites and Islamic law.

While customary and Islamic marriages are presumed polygamous or potentially polygamous, Christian, Hindu and civil marriages are monogamous by definition.

The law also provides a pathway for conversion. A potentially polygamous marriage may be converted into a monogamous one if both spouses voluntarily declare that intention before a marriage officer.

The declaration must be recorded in writing, signed, and transmitted to the Registrar, who then issues a new certificate reflecting the monogamous status.

However, a polygamous marriage cannot be converted to monogamous status unless the husband has only one wife at the time of conversion.

Koimburi’s case is expected to test whether the constitutional guarantees of equality and freedom of religion can be reconciled with the differentiated marriage regimes established by statute.

The Marriage Act of 2014 does not recognise or allow polyandry - a woman having multiple husbands.

The Kitale case also touches on the enduring tension between religious doctrine, cultural practice and modern legislative frameworks.

For now, the question remains whether the court will agree to interrogate the boundaries set by the 2014 law — and whether a challenge mounted by Koimburi could ripple across how marriage is understood and regulated in Kenya.