The Attorney General’s Office has urged the High Court in Kitale to dismiss a petition seeking recognition of polygamous Christian marriages, arguing that it is driven by personal preference rather than any violation of constitutional rights.
State Counsel Lotiir Henry and Deputy Chief State Counsel Joyce Chilaka told Justice Robert Limo that petitioner Boniface Ndura Koimburi, 80, had failed to demonstrate 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 argued that Koimburi had neither faced persecution from the State nor discrimination within his religious community, but was concerned about the legal consequences of taking a second wife.
The State maintained that Parliament acted within its constitutional mandate under Article 45(4) when it enacted the Marriage Act, which recognises Christian marriages as monogamous.
Chilaka added that Koimburi had failed to meet the requirements for constitutional litigation and had not demonstrated that he represented a religious organisation.
She also faulted him for not showing that he had petitioned Parliament to amend Section 171 of the Penal Code, which criminalises bigamy.
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However, Koimburi’s lawyer, Dennis Wanyama, argued that an individual does not need to represent an entire religious denomination to challenge a law. “People within a religious community have the right to make constitutional claims, even if their views differ from the majority,” he said.
Wanyama further argued that Article 45(4) requires Parliament to recognise different marriage systems rather than dictate religious practices.
He questioned why Christian, Hindu and civil marriages are monogamous while Islamic and customary unions allow polygamy.
Koimburi, a retired teacher and author of two books advocating polygamous Christian marriages, said he was determined to pursue the case to its conclusion.
“We’re in this fight until the very end. We’re praying to God and staying hopeful that we’ll come out on top,” he said.
Koimburi also expressed concern that the law discourages men from taking second wives because of the threat of a five-year prison sentence for bigamy.
The Attorney General wants the petition dismissed without costs.
The court will give directions on the delivery of its judgment on January 21, 2027.