The High Court in Kitale has dismissed an application to have a three-judge bench hear a constitutional petition challenging laws criminalising bigamy in Christian marriages.
Justice Robert Limo ruled that Bonfica Ndura Koimburi’s case will be heard by a single judge due to limited judicial resources and the need for timely justice.
Justice Limo scheduled a mention of the petition for October 30, 2025, to establish directions for the full hearing.
“While I acknowledge that the issues raised in Constitutional Petition No. E018 of 2024 are significant and involve legal questions, I believe they can be addressed by a single judge. Any party dissatisfied with the decision can still appeal to the Court of Appeal, which typically consists of at least three judges,” Limo stated.
The court also noted that it is impractical to send every matter related to fundamental rights to the Chief Justice for panel formation.
The judge referenced a 2012 ruling in the case of Harrison Kinyanjui & Others vs. Attorney General, where Justice David Majanja emphasised that “each case should be evaluated on its merits by the judge certifying the matter,” asserting that a single judge of the High Court has the authority under Article 165 to decide on constitutional questions.
“In light of this, I deny the application for a panel. I direct the petitioner to serve the respondent with a notice for the mention to take directions regarding his petition. I will not make any orders concerning costs,” Justice Limo ruled.
Koimburi, 79, represented by his lawyer Dennis Wanyama, is contesting certain provisions of the Marriage Act and the Penal Code that criminalise bigamy in Christian marriages.
He argues that these laws discriminate against Christians by enforcing monogamy while allowing polygamy in Muslim and customary marriages.
“The ruling sets the stage for the main petition. We are ready to demonstrate that these provisions infringe on religious freedom and equality rights under the Constitution,” Wanyama stated after the court session.
The amended petition also takes issue with the Christian Religious Education (CRE) curriculum created by the Kenya Institute of Curriculum Development (KICD), claiming it promotes a biased and exclusionary perspective on Christian marriage.
The outcome of this petition is anticipated to spark a broader national debate on marriage rights, religious freedoms, and equality under Kenyan law.
