FAHAMU NETWORK

The High Court in Kitale has declined a request to empanel a three-judge bench to hear a constitutional petition challenging the legality of Kenya’s bigamy laws. Presiding over the matter, Justice Robert Limo ruled that the petition, while raising novel legal questions and matters of public interest, did not meet the constitutional threshold required for referral to the Chief Justice for the constitution of a larger bench. The petition, which interrogates aspects of Kenya’s law on Christian marriage and raises broader concerns about the country’s Christian Religious Education curriculum, was brought forward by a petitioner who argued that the complexity and public significance of the case warranted the attention of a three-judge panel. Among the key prayers made by the petitioner were that the matter be certified as raising substantial questions of law and that it be escalated to a larger bench for determination.  The petitioner also faulted the current Christian Religi...

Five suspects were arraigned at the Kimilili Law Court, accused of instigating chaos and assaulting persons on a 100-acre plot of land co-owned by the late Minister Soita Shitanda and businessman George Mulamasi in Tongaren Constituency. The dangerously armed suspects were on a mission to intimidate the businessman, who has full ownership of the farm by virtue of being a co-director with a 50% stake in Kabras Farm Ltd, under which the farm is registered. Josphat Nyagaka (alias Mkisii), Denis Burale, Meshak Kere, Zedekia Inzilia, and Peter Walubengo are facing multiple serious charges, including grievous harm, assault, and malicious damage to property, in connection with the incident that occurred at Pwani Village on February 7, 2025. Senior Principal Magistrate Joseph Ndururi heard that the accused are said to have jointly and unlawfully inflicted grievous harm on Kennedy Shikanga, causing serious bodily injury. The incident occurred in Pwani Village, where the attackers re...

A petitioner challenging the Bigamy Act in Kenya has filed a request for a three-judge bench to hear the case currently before the High Court in Kitale. 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 ...

The succession dispute involving the first wife of the late former Housing Minister Soita Shitanda has taken a dramatic turn, as she has denied knowing the co-wives and their children and is seeking to have them excluded from inheriting his property, valued at over Shs100 million. In the succession case No. 1520 of 2016 concerning the estate of the late Peter Soita Shitanda, the deceased's widow, Betty Glorious Soita, testified in court and explicitly disowned the children of the late minister born to his second wife, Agnes Nduku. The widow informed Justice Hillary Chemitei at the Milimani High Court that she did not recognize Candy Soita and Brandy Soita as her late husband's children, despite acknowledging that he had supported them during his lifetime, including paying their school fees and catering to their needs until his death in 2016. Candy,who is currently based in the United States, presented evidence on behalf of herself and her brother, Brandy Soita, urgi...