Boniface Koimburi Ndura 78, the man is seeking polygamy rights for wedded Christians.
A Kitale man has petitioned the Kenya Institute of Curriculum Development (KICD), accusing it of violating the Constitution through its Christian Religious Education syllabus offered in Kenyan primary schools.
Polygamy advocate Ndura Koimburi, 78, argues that the current Christian Religious Education (CRE) syllabus is discriminatory and misleading to learners by presenting monogamy as the sole biblically acceptable marital practice in Christianity.
Mr Koimburi, author of Polygamists Also Go to Heaven, contends that the syllabus, developed under the Competency-Based Curriculum (CBC), excludes alternative doctrinal interpretations—such as those recognising polygamy—and misrepresents biblical teachings.
Through his legal counsel, DM Wanyama and Company Advocates, Mr Koimburi claims that the exclusion of polygamy teachings violates constitutional principles, statutory requirements, and Kenya’s international obligations regarding inclusivity, non-discrimination, and respect for cultural diversity.
According to Mr Koimburi, KICD's exclusive presentation of monogamy marginalises Christian traditions, particularly in African contexts where polygamy is recognised as consistent with biblical principles.
He asserts that the omission stigmatises learners from polygamous families, implicitly teaching them that their family structures are non-Christian or inferior.
Read: Is monogamy overrated?
Mr Koimburi argues that this exclusion contravenes the principles of equality and non-discrimination, thus undermining the constitutional rights of these learners.
The petitioner has submitted his concerns to KICD, the National Assembly, the National Council of Churches of Kenya (NCCK), and 16 other public institutions. He seeks legal standing to challenge the current CRE syllabus in court.
In his petition, Mr Koimburi demands that KICD provide information on the curriculum development process for the CRE syllabus; explains the rationale for excluding polygamy as a legitimate Christian marital practice; and shares documentation demonstrating how the syllabus aligns with constitutional and statutory principles of inclusivity, equality, and non-discrimination.
He has given KICD 21 days to provide records of all stakeholder consultations conducted during the CRE syllabus development process, including meeting minutes, copies of memoranda, and position papers.
Mr Koimburi contends that Kenya is bound by international treaties that mandate inclusivity in education.
He cites Article 29(1) of the Convention on the Rights of the Child (CRC), which states that education should foster respect for children's cultural identity, language, and values. Additionally, he references Article 13 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which emphasizes education's role in strengthening respect for human rights and fundamental freedoms.
Should KICD fail to comply with his demands, Mr Koimburi plans to pursue legal remedies, including filing a constitutional petition.
This is not the first time Mr Koimburi has taken legal action on the matter.
Last year, he filed a constitutional petition before the High Court in Kitale challenging Kenya's Marriage Act, which bars polygamy in Christian marriages.
He cited biblical references such as Genesis 16:3 and Genesis 29:21-30 to argue that polygamy has theological and cultural acceptance in Christianity.
“If he marries another woman, he must not deprive the first one of her food, clothing and marital rights,” Mr Koimburi cites Exodus 21:10 in his argument.
He insists that the exclusion of such perspectives from the CRE syllabus creates a narrow and incomplete representation of Christian teachings, depriving learners of the opportunity to critically engage with diverse Christian interpretations and hindering the development of their critical thinking skills.
Mr Koimburi has involved various public institutions in his petition, including the National Assembly, the National Parents Association, the Kenya National Examinations Council (Knec), the Office of the Attorney General, and the Ministry of Education, among others.
The KICD is yet to issue an official response to Mr Koimburi's petition.
