The Judiciary has dismissed the notion that the proposed changes in the penal code legalise bigamy.
Cambridge Dictionary defines bigamy as the act of marrying a person while already legally married to somebody else.
In a statement on Thursday, the Judiciary clarified that the bill decriminalises the act, making it a civil matter as opposed to a criminal one.
"The bill proposes to decriminalise bigamy. It doesn't make it legal to marry outside the union but a civil matter that should lead to divorce," the statement reads in part.
"Bigamy has been in law since 1930 with no prosecutions. It is a personal choice that can be remedied through divorce, not criminal proceedings."
In the proposed bill, the act is to be amended by deleting Section 171.
In the current law, Section 171 of the Penal Code states that "A person who, having a husband or a wife living, goes through a ceremony of marriage which is void because of its taking place during the life of husband or wife, is guilty of a felony and is liable to imprisonment for five years."
It does not apply to anyone whose marriage has been declared void by a court of competent jurisdiction.
Section 171 adds,"...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."
In Kenya, marriage is considered in law as a sacred devotion to which vows are taken to bind the two parties.
This does not, however, deter married persons from breaking their vows and seeking to marry other persons.
Data released by the Judiciary in 2021 showed that cases of bigamy increased during the pandemic period.
The 'State of the Judiciary and Administration of Justice' annual report revealed that the act rose by 226 per cent between 2020 and July 2021.
The document further showed that in the 2019-20 financial year,31 bigamy cases were reported.
In the following financial year, 70 more cases were reported, increasing the number to 101 cases.
The proposed bills include the Penal Code (Amendment) Bill 2023 and the Criminal Procedure Code (Amendment) 2023.
They were developed by the National Council on the Administration of Justice (NCAJ) through the National Committee on Criminal Justice Reforms (NCCJR).
Chief Justice Martha Koome, who is the chairperson of the NCAJ, on October 19, submitted the draft Bills to the National Assembly.
