The hearing of a case in which a Kitale Octogenarian is challenging the legal definition of Christian marriage as strictly monogamous has begun.
Boniface Ndura Koimburi, 80, a retired teacher, has petitioned the High Court to have polygamy recognised within Christian marriages.
He is taking issue with certain provisions of the Marriage Act and Section 171 of the Penal Code, which makes bigamy a criminal offence.
His lawyer, Peter Wanyama, informed Justice Robert Limo that the petition was filed in a personal capacity under Article 3 of the Constitution, which mandates that every individual respect, uphold, and defend the Constitution.
Wanyama pointed out that the petitioner is contesting Sections 6(1)(a), 6(3), 8(1), 9(a), and 11(c) of the Marriage Act, as well as Section 171 of the Penal Code.
The crux of the petition revolves around the legal classification of Christian marriage as monogamous.
The lawyer argued that it’s Parliament’s duty to acknowledge various forms of marriage rather than dictate the religious practices associated with Christian marriage.
He emphasised that Article 45(4) of the Constitution requires Parliament to create laws that recognise marriages formed under different traditions and systems of personal and family law.
“Parliament has overstepped by defining Christian, Hindu, and civil marriages as monogamous, while Islamic and customary marriages are assumed to be polygamous or potentially polygamous.
“My client’s question is: Where does the idea that Christian marriage must be monogamous come from?” Wanyama stated.
He also mentioned that his client has delved deeply into the Bible but hasn’t found any scripture that mandates Christian marriage to be either monogamous or polygamous.
Wanyama contended that the law violates his client’s freedom of thought, belief, and opinion by limiting the type of marriage his client may pursue.
Additionally, he challenged Section 171 of the Penal Code, which imposes a five-year prison sentence for bigamy if someone already married under a monogamous union enters into another marriage.
The lawyer asserted that the State shouldn’t dictate how Christians practice their faith.
The petitioner, who has written two books titled Polygamists Will Go to Heaven and Jesus Does Not Oppose Polygamy, expressed that he still feels youthful in this matter.
The case is set to continue on November 4, when the Attorney General is expected to address the petition.
