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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&
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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-/.