In a recent announcement, Chief Justice Martha Koome addressed misunderstandings surrounding proposed amendments to the penal code, specifically Section 171, through the National Council of Administrative Justice (NCAJ). Contrary to some media reports, Koome clarified that the amendment to Section 171 is not intended to legalize bigamy.
The NCAJ, under Koome’s leadership, acknowledged proposed amendments to Sections 171, 153, 154, and 155 of the penal code. Notably, Section 154 currently criminalizes prostitution, imposing a five-year jail term on individuals deriving income from this activity.
The proposed changes seek to decriminalize offenses, including prostitution, replacing severe sentences with either brief jail terms of fewer than six months or non-custodial sentences. Koome emphasized that the primary goal was to amend jail terms and move towards decriminalization, fostering a nuanced approach to legal consequences.
Responding to misinformation during a press forum, High Court Judge Hellen Wasilwa clarified that the intent behind the amendments was to abolish criminal punishment rather than legalize the offenses in question. Specifically, Section 171 addresses bigamy, defining it as a felony if a person with a living spouse undergoes a void ceremony of marriage. The proposed amendment aims to decriminalize bigamy without permitting lawful wedded individuals to marry outside their union while spouses are still alive.
Chief Justice Koome stressed that the bill drafted by the NCAJ proposes the decriminalization of bigamy. She emphasized that marrying outside the union does not automatically make it legal but is regarded as a civil matter leading to divorce. Koome highlighted that bigamy, existing in law since 1930 without recent prosecutions, is a personal choice that should be addressed through divorce rather than criminal proceedings.
In the context of Kenyan divorce laws, Chief Justice Koome mentioned that divorces are typically based on grounds such as cruelty, desertion, and adultery. The proposed amendments aim to reshape the legal landscape, providing a more nuanced and compassionate approach to offenses while dispelling misconceptions about the legalization of bigamy.