Chief Justice Koome Proposes Bill Allowing Married Individuals to Marry Again
If a new bill sponsored by the Judiciary is passed and signed into law, spouses with extramarital intentions will be permitted to pursue other companions, even if their current partners are still alive.
Chief Justice Martha Koome has proposed the repeal of several sections of the Penal Code, including Section 171, which addresses bigamy.
Marriages within religious denominations and legally recognized customary marriages will be affected by the proposed legislation.
If you are not legally separated from your spouse, you cannot marry another person while they are still alive and you are not divorced.
The constitution states that any legally married individual who secretly marries outside of their marriage is guilty of a felony and subject to five years in prison.
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”Provided that this section shall not extend to any person whose marriage with the husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife if the husband or wife, at the time of the subsequent marriage, has been continually absent from such person for the space of seven years, and has not been heard of by such person as being alive within that time.” the section states.
Section 172 of the Penal Code is also explicit, stating that a person commits an offense if they pursue someone else’s hand in marriage with ulterior motives, such as dishonesty or the intent to commit fraud.
”Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony and is liable to imprisonment for five years,” the section states.
The prevalence of adultery and polygamy in marriage has led to numerous court cases, some of which have resulted in imprisonment.
The 2014 Marriage Act on polygamy, which was signed into law by former President Uhuru, is excluded from the Amendment Bill.
The Bill was approved by the Parliament in March 2014, with the majority of male MPs supporting it despite fierce opposition from female lawmakers.
Chief Justice Koome Proposes Bill Allowing Married Individuals to Marry Again
