Polygamy is legal — Constitutional Court

KAMPALA - The Constitutional Court has dismissed a petition in which a human rights advocacy organisation was challenging polygamy practice.

Polygamy is the practise or custom of having more than one wife at the same time.
Women’s Probono Initiative had sued the Attorney General, who is the principal legal adviser to the Government, challenging the act. 

In a landmark judgement delivered on July 10, 2025, the justices, led by Irene Mulyagonja, said the Government’s failure to outlaw polygamy does not mean that it contravenes Articles 32 (2) & (5) and 33 (l) of the Constitution. 

Other justices on the panel are John Oscar Kihika, Margaret Tibulya, Moses Kazibwe Kawumi and Dr Asa Mugenyi.

The justices ruled that section 4 (2) of the Customary Marriage (Registration) Act, and Section 2 of the Marriage and Divorce of Mohammedans Act, which provide for polygamy, are not unconstitutional.

“The laws and the practice of polygamy are not against the dignity, welfare or interest of women or any other marginalised group. The Government is not under any obligation to outlaw polygamy,” Mulyagonja noted.

The justices said the practice and custom of one man marrying more than one wife at any given time does not contravene women’s rights to an equal share of property at, in and upon dissolution of marriage guaranteed under Article 31 (1) (b) of the Constitution.

They observed that the practice and custom of polygamy is optional, adding that spouses who contract polygamous marriages are presumed to be aware of responsibilities and expectations, including the fact that their rights are subject to the rights of the other wives and children.

When is it a crime?

“Consenting adults cannot be heard complaining about terms and conditions they agree to abide by. While it is acknowledged that a spouse may contract a monogamous marriage only for it to be turned into a polygamous one without her consent, this, however, is a criminal offence,” Mulyagonja stated.

The justices also ruled that polygamy legal recognition does not amount to derogation from the right to freedom from torture and cruel, inhuman or degrading treatment or punishment.

They observed that outlawing polygamy would deprive some citizens of the enjoyment of their constitutionally protected rights to culture and to religion.

The justices, therefore, said fostering voluntary engagement through education/sensitisation, empowerment, and equitable systems aligns better with the spirit of human rights.

They also dismissed the petition, ruling that Women’s Probono Initiative did not adduce evidence indicating that polygamous marriages in Uganda are characterised by domestic violence.