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&

. 1owever, the second wife could be charged under section /0 o' the Marria%e act1 which provides that2 # 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 reasons2 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-/.