The High Court in Kitale has granted local businessman Bonface Ndura permission to enjoin three additional parties in his ongoing legal challenge against the Bigamy Act.
The parties—Kenya Institute of Curriculum Development (KICD), the Ministry of Education, and the Kenya Law Reform Commission—will now be involved in the case following a successful application to amend their participation in the proceedings.
Mr. Ndura has taken issue with the current religious education syllabus, particularly its emphasis on monogamy as a normative family structure.
He argues that this portrayal is misleading and inconsistent with Kenyan law, which recognizes other forms of marriage, including polygamous unions.
While Ndura's legal team also sought the formation of a three-judge bench to hear the petition, the court declined to grant this by consent.
The presiding judge stated that such a request must be substantiated in court, with evidence demonstrating complex constitutional issues that justify the formation of a larger bench.
The court further noted that since the Bigamy Act is legislation passed through Parliament, any attempt to challenge or revise it must involve the National Assembly.
Consequently, the court held that Parliament must be enjoined as a party to the suit, given its role in defending the law’s constitutionality.
The case is scheduled for mention on July 29, 2025.
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.