The High Court in Kitale has criticized the Office of the Attorney General (AG) for repeatedly failing to comply with court directions in a constitutional petition challenging provisions of Kenya’s Marriage Act, saying the delays have hindered the administration of justice.
Justice Robert Limo, who is presiding over the matter, reprimanded the AG during Wednesday’s proceedings, noting that the office had failed to adequately represent the public despite several opportunities to respond.
“You have not been representing the public well despite clear directions by this Court. The AG has left the public exposed in this matter,” Justice Limo said.
The petition was filed in 2024 by author and environmentalist Ndura Koimburi, who is challenging provisions of the Marriage Act and the Penal Code that prohibit Christians from entering into polygamous marriages while permitting the practice under certain customary and religious legal systems.
Justice Limo observed that the Attorney General had ignored multiple court directives requiring the filing of a response and urged the office to accord constitutional petitions the urgency they deserve.
Counsel for the petitioner, Dennis Wanyama Mutaki, submitted that the AG had been granted more than six opportunities to respond but had failed to do so.
“My client filed this case when he was 78. He is now 80 and is still waiting for justice,” Mutaki told the court.
An advocate representing the Attorney General, appearing virtually, sought additional time to file the response. The court allowed the application and directed the AG’s office to file its response within 21 days.
Following the proceedings, Mutaki said the Attorney General had repeatedly delayed the matter by changing its legal strategy, including abandoning an earlier application seeking to enjoin the National Council of Churches of Kenya (NCCK) and other religious organizations as interested parties.
In his petition, Koimburi argues that the impugned provisions violate Articles 32 and 45 of the Constitution by restricting Christians to monogamous marriages. He contends that the laws discriminate against Christians and are inconsistent with biblical teachings.
The matter will be mentioned on September 22, 2026, for further directions after the court resumes from recess.
