Kitale Old Man in Court to Challenge Christianity One Wife Marriage
He contends that these provisions discriminate on religious grounds and violate his rights under Articles 27, 32, 36, and 45 of the Constitution.
The High Court of Kenya sitting in Kitale will deliver its ruling on Thursday, 18th September 2025, in the landmark constitutional case filed by Mr. Boniface Ndura Koimburi, a 79-year-old Kenyan citizen challenging the constitutionality of laws that criminalize bigamy under Christian marriage.
The Court will pronounce itself on two key issues argued during the hearing: Whether the petition raises substantial questions of law warranting the empanelment of a three-judge bench under Article 165(4) of the Constitution.
Also whether Parliament should be enjoined as a party to the proceedings, given its role in enacting the impugned provisions. Mr. Koimburi’s amended petition, filed through his legal counsel D.M. Wanyama, seeks to invalidate provisions of both the Marriage Act and the Penal Code that prohibit Christian men from marrying more than one wife.
He contends that these provisions discriminate on religious grounds and violate his rights under Articles 27, 32, 36, and 45 of the Constitution.
Key Constitutional Issues Raised The criminalization of bigamy under Section 171 of the Penal Code allegedly infringes on religious freedom and freedom of conscience. The Marriage Act’s requirement of monogamy in Christian unions, while permitting polygamy in Muslim and customary marriages, is argued to be religious discrimination.
The Christian Religious Education (CRE) curriculum developed by the Kenya Institute of Curriculum Development (KICD) is also challenged for allegedly presenting a biased and exclusionary view of Christian marriage.
The Petitioner maintains that the case presents novel constitutional questions of great public interest that cut across religious freedom, marriage rights, education policy, and equality under the law.
Position on Empanelment and Joinder On empanelment, Mr. Koimburi urges certification under Article 165(4), asserting that the petition meets all criteria owing to its novelty, jurisprudential complexity, and public significance.
On the joinder of Parliament, he submits that the Attorney General adequately represents the State’s interests, and that Parliament is not a necessary party, having become functus officio once legislation is enacted.
What to Expect on 18th September 2025 The Court will rule on: - Whether the matter will be referred to a bench of three judges. - Whether the petition will proceed without Parliament as a party.
This ruling will mark the next critical step in prosecuting the substantive constitutional questions, with potential to reshape Kenya’s jurisprudence on polygamy, religious freedom, and equality in marriage law.
What's Your Reaction?
