The law currently prohibits men in legally recognized monogamous marriages from marrying additional wives.
The petitioner, Bonface Ndura, through his lawyer Dennis Wanyama, has asked Justice Robert Limo to constitute a larger bench to hear the case due to its significance.
"The petition before the court has far-reaching implications on the social, religious, and educational rights of Kenyans. Any potential bias from a single judge could influence the outcome, which is why a diverse bench is necessary," Mr. Wanyama argued.
Winny Cheruiyot, the advocate representing the Attorney General, also requested that the National Assembly and the National Council of Churches of Kenya be included in the case.
Ndura, who is also the author of Polygamists Will Also Go to Heaven, contends that the current legal framework, rooted in monogamous Christian marriages, violates the religious freedoms of those who interpret the Bible as supportive of polygamy.
"Key provisions in the Penal Code and the Marriage Act unfairly impose a restrictive model of marriage on Christians, while other religious communities, such as Muslims, are legally allowed to practice polygamy," he argued.
At the center of Ndura’s petition is a challenge to Section 171 of the Penal Code and Sections 6, 8, 9, and 11 of the Marriage Act, which enshrine monogamy in Christian marriages.
According to Ndura, these provisions not only violate Article 32 of the Kenyan Constitution, which protects freedom of religion and belief, but they also infringe upon Article 45, which guarantees the right to marry and found a family based on personal convictions.
Ndura points to biblical figures such as Abraham, Jacob, and King Solomon, who practiced polygamy without divine condemnation, as evidence that polygamy has historical and theological roots in Christianity.
"The modern legal imposition of monogamy is a colonial relic that contradicts traditional Christian teachings," the environmental conservationist argues in his petition.
He asserts that banning polygamy contributes to rising rates of single parenthood and divorce in Kenya. He views polygamy as a solution to these social challenges, offering what he calls a “more stable family structure” in certain communities.
The businessman seeks to have these contested legal provisions declared unconstitutional, allowing Christians who support polygamy to marry more than one wife legally.
"This move would create legal parity between Christian and Muslim communities, where polygamy is already recognized," he says.