The High Court in Kitale on Wednesday deferred the hearing of a constitutional petition challenging Kenya’s bigamy laws after the Office of the Attorney General (AG) failed to appear in court.
The AG’s representative was reported indisposed and is on compassionate leave following the recent death of her father.
The submissions hearing, initially scheduled for today, has now been postponed to June 9, 2026, with the court expected to provide further directions on how the matter will proceed.
“We will abide by the directions given by the court as we wait for the submissions of the Attorney General,” said Wanyama Mutaki, the petitioners’ advocate.
The petition was filed by environmentalist and author Bonface Ndura, who argues that Kenya’s current marriage laws unfairly discriminate against Christians who practice polygamy.
Ndura contends that key sections of the Penal Code and the Marriage Act, which enforce monogamy for Christian marriages, violate Articles 32 and 45 of the Constitution, which guarantee freedom of religion and the right to marry according to personal beliefs.
“The modern legal imposition of monogamy is a colonial relic that contradicts traditional Christian teachings,” Ndura stated.
He cites biblical figures such as Abraham, Jacob, and King Solomon as examples of polygamous Christians recognized in scripture.
Ndura further argues that permitting polygamy could help address rising rates of single parenthood and divorce, offering “a more stable family structure” for some communities.
Earlier, the High Court declined a request to empanel a three-judge bench to hear the petition.
Presiding Judge Robert Limo noted that while the petition raises novel legal issues and matters of public interest, it does not meet the constitutional threshold required for referral to the Chief Justice.
Justice Limo emphasized that any High Court judge is empowered to hear and determine constitutional petitions within their jurisdiction.
He also noted that only the first respondent had filed submissions, while the Attorney General and other parties had not participated, making a multi-judge panel unnecessary at this stage.
The petition seeks a declaration that specific sections of the Penal Code and Marriage Act are unconstitutional, which would allow Christians who practice polygamy to legally marry more than one wife, creating parity with Muslim marriage laws.
