8/13/2019 BIGAMY CASE REJECTED

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OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

SUMMARY

RARE BIGAMY CASE REJECTED BY DPP

The Director of Public Prosecution after reviewing a unique case intending to

charge parties involved in a bigamous union, has decided not to proceed with the

prosecution.

The case involves a 72 year old man who had contracted a Christian marriage

with his first wife in the year 1 !1" subsequently entering into an #frican customary

marriage with his second $wife% in 1 77&

The man has 1' daughters with his first wife, who is the complainant in this

case and three adult sons with the second woman&

(n )ay 2'1*, the the first wife complained to the police that the accused

committed the offence of bigamy, ! "ears #ater & The husband was arrested and

charged with $i%a&" $e'ore a ("eri court.

The first wife has a series of cases against her husband over +oint family

property, most of which she has lost and others are pending before court&

Consequently, she filed another complaint against the second wife for the

same &The yeri -DPP office ordered for the second wife to be similarly charged& #t

this stage whi#e see)in% ad*ice , the file was forward to the DPP in view of the

comple.ity of legal issues involved&

+n perusin% the 'i#e the DPP conc#uded as 'o##ows,

-. The offence of /igamy is formed by section - - o' the pena# code and is

punishable by a 0 year +ail term&

2& The offence applies only to the husband in this case and does not apply to

the second wife&

8/13/2019 BIGAMY CASE REJECTED

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. owever, the second wife could be charged under section /0 o' the

Marria%e act1 which provides that # person who gets into a marriage

union 3nowing the other person is married is guilty of an offence&

-n the facts of this case however, the DPP has decided to ter&inate

$oth cases a%ainst the hus$and and the second wi'e for the following

reasons

The complainant has always 3nown that the husband has been

married to the second wife but did not file a report until *! years later&

The husband and second wife are settled with a family &They are li3ely

to be disrupted by any such prosecution& The husband is over 72 years of age&

The complainant has brought multiple civil cases over land against the

husband, some of which have been decided against her and others

still pending in court&

(t%s clear from the evidence that the first wife made belated complaints

to police in order to pressure the husband over the +oint property,which amounts to an abuse of criminal process&

/igamy charges have been rarely and sparingly prosecuted

independently in 4enya&

Therefore the DPP has directed the officer in charge of the yeri

-ffice to terminate both cases&

0/ th Januar" 02-/.