My husband has married a second wife after our Christian wedding: Is this legal?
An estranged couple. Kenyan law recognises Christian and civil marriages as strictly monogamous.
What you need to know:
- Kenyan law recognises Christian and civil marriages as strictly monogamous. Once such a marriage exists, any subsequent marriage contracted before its dissolution is legally invalid, regardless of custom or ceremony.
- Courts have consistently ruled that a valid Christian marriage bars any additional lawful marriage. As a result, a second spouse acquires no legal rights over matrimonial property or the marital home.
Dear Vivian,
I married under Christianity and we celebrated our wedding six years ago. Two months ago, my husband married a second wife under Kikuyu customary law without my knowledge. He has even taken her to one of our matrimonial homes in Malindi, our holiday home. Is this marriage legal? What does Kenyan law say, and how can I challenge this and protect my interests?
Florence Wangari,
Juja
Dear Florence,
Under the law in Kenya, when a marriage is performed under the Marriage Act, 2014, as a Christian (or civil) marriage, it is monogamous. That means once you are validly married under that Act, your husband does not have legal capacity to marry another person; at least not without dissolving or otherwise ending the first marriage. Any attempt to contract a second marriage while the first subsists renders that second union void or voidable. Courts have recognised this principle in past decisions.
Courts have addressed similar situations. In a previously decided case; a man married under Christianity then attempted additional customary marriages. The court judged that the second marriages were null and void, emphasising that a valid Christian marriage prevents any subsequent lawful marriage. This case shows that your husband’s second marriage has no legal standing.
At this stage, your interests are already protected. The Matrimonial Property Act safeguards property acquired during marriage. Any property purchased during your marriage, whether jointly or by your husband, cannot be transferred or occupied by a second spouse without your consent. The fact that your husband has moved the second wife into your Malindi home does not give her any legal rights over it.
To challenge this, you should consult a qualified family lawyer. Your lawyer will file an application in court, seeking to have the second marriage declared invalid. You will need to present evidence showing that at the time of the second marriage, your first marriage was still valid. Key documents may include your original Christian marriage certificate, proof that no divorce or annulment had taken place, sworn statements or affidavits, and any relevant correspondence demonstrating your lack of knowledge or consent regarding the second marriage.
Notably, it is also essential to gather evidence supporting your property and financial rights. This can include title deeds, purchase agreements, bank statements, utility bills, and any documentation showing your contribution to matrimonial property. Photographs or records showing the second wife in the matrimonial home can further strengthen your case.
Finally, you may also request temporary court orders preventing your husband or the second wife from interfering with or occupying the Malindi home until the case is resolved. The court will examine the legality of the second marriage and your property rights and make the necessary orders. At this stage, you should assert your rights confidently, as the law clearly supports the sanctity of a monogamous Christian marriage.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
