Kenya: Polygamy is an Offence Rarely Prosecuted and Often Forgiven
Nairobi — There is no question about it, a bigamist is a polygamist. The only difference is that the law says a bigamist is a criminal who should be thrown into jail. Whether one becomes such a criminal depends on the operation of the law. Under our laws, morality has nothing to do with it.
If a man celebrates his first marriage under the African Christian Marriage and Divorce Act, the Marriage Act or the Hindu Marriage and Divorce Act, he becomes a bigamist -- a criminal -- if he marries another woman or women unless the first marriage is legally dissolved.
But if he celebrates his first marriage under the African customary law or the Mohammedan Marriage, Divorce and Succession Act, he remains a law-abiding citizen if he marries another wife or wives.
In Kenya, bigamy is rarely prosecuted, and when it is, the courts are overly lenient.
OK, fair dos. I could well be wrong. Kamerad!
Was it the same under the British?
And does that allow mix and match even today?
Depends on how you read it.
But my hat is off to you, Brown Deer! I live and learn.