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Why AG opposes petition seeking recognition of polygamous Christian marriages

National
By Martin Ndiema | Nov 05, 2026
Ndura Koimburi (right), the petitioner and his lawyer Dennis Wanyama. [Martin Ndiema, Standard]

The Attorney General's Office has urged the High Court in Kitale to throw out a petition that seeks to recognise polygamous Christian marriages.

The AG argues that the petition is rooted in personal preference rather than any infringement on constitutional rights.

State counsel Lotiir Henry and deputy chief state counsel Joyce Chilaka told Justice Robert Limo that the petitioner, Boniface Ndura Koimburum, 80,  has not demonstrated how the Marriage Act of 2014  discriminates against Christians or violates his rights.

"What you have here is simply a figment of imagination. There’s no legal violation at play. This is just an idea the petitioner has come up with and wants the court to endorse,” Lotiir said.

 He further contended that Koimburi hasn’t faced any persecution from the State or his religious community; rather, he seems to be worried about the legal implications of marrying a second wife.

“I would have expected the petition to show that he has faced persecution for breaking that law,” he added.

The state argued that Parliament acted within its rights under Article 45(4) of the Constitution when it enacted the Marriage Act, which defines Christian marriages as monogamous.

Chilaka pointed out that the petitioner hasn’t met the necessary criteria for constitutional litigation and hasn’t shown that he represents a religious organisation.

She also noted that he failed to demonstrate  that he had petitioned Parliament to amend Section 171 of the Penal Code, which criminalises bigamy.

However, Koimburi’s lawyer, Dennis Wanyama, countered that individuals can challenge laws without needing to represent an entire denomination.

“People within a religious community have the right to make constitutional claims, even if their views differ from the majority,” he stated.

Wanyama also argued that Article 45(4) requires Parliament to acknowledge various marriage systems rather than dictate religious practices.

He raised the question of why Christian, Hindu, and civil marriages are monogamous while Islamic and customary unions are allowed to be polygamous.

Koimburi, a retired teacher and the author of two books that champion polygamous Christian unions, is determined to see this case through.

“We’re in this fight until the very end. We’re praying to God and staying hopeful that we’ll come out on top,” Koumburi shared.

He mentioned that all men in Kenya would be invited to join the celebrations of their anticipated victory, with single mothers also welcomed, as they, too, face the struggles men encounter.

“Women should look at men and recognise all this energy we have, yet we’re told to marry just one wife. I know many of you men are battling depression. I’m here to set you free,” he said.

Ndura explained that their campaign aims to foster happiness among men while also creating more opportunities for women. He believes there’s nothing wrong with men having multiple wives, noting that many men have the energy and desire to do so.

However, he voiced concerns about the current legal framework, which he believes makes men hesitant to take on a second wife.

He expressed that the law instils fear of a five-year prison sentence for marrying another wife.

In response, the Attorney General seeks dismissal of the petition without costs.

The court is set to provide guidance on the delivery of the judgment on January 21.

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