The legal framework
Kenya's Marriage Act 2014 abolished the presumption of marriage arising from long cohabitation, though the courts have not applied this uniformly and some judgments continue to recognise such unions. Property claims between cohabitants therefore rest on proof of contribution rather than on status.
Key points
| Status | Recognised by statute in some of these jurisdictions, not in others |
|---|---|
| Property | Claims generally rest on proving financial or non-financial contribution |
| Maintenance | Available only where a statute provides for it |
| Inheritance | A partner rarely inherits without a will, unless legislation says otherwise |
| Children | Their rights depend on parentage, not on the parents' marital status |
| Registration of customary marriage | Often the simplest way to convert a de facto union into recognised rights |
| No presumption of marriage | The 2014 Act abolished the come-we-stay presumption |
| Customary marriage | Recognised and registrable; proof of the customary steps is required |
In practice
- Keep documentary proof of every contribution to property — receipts, transfers, building materials.
- Register a customary marriage where that route is available; it is usually the cheapest protection.
- Make a will, and keep a copy with a trusted third party.
- Ensure children are registered and filiation acknowledged.
- Register a customary marriage: without it, proving the relationship after a death is very hard.
- Keep records of contributions to land, buildings and businesses.
Cost and coverage
Registration and wills are inexpensive; litigating a contribution claim is not.
Recent changes
The clearest regional trend is judicial recognition of non-financial contribution, alongside statutory protection for long cohabitation in parts of the Caribbean.
Where to go
- Civil registry for marriage registration.
- Legal aid schemes, law clinics and women's rights organisations.
- Local courts for maintenance and property claims.
Worth knowing
A surviving partner without a marriage certificate or a will is in the weakest position of anyone in these systems — often facing the deceased's family with nothing in writing. Fix that while both partners are alive. Since 2014 long cohabitation alone no longer creates a marriage. Couples who assumed otherwise should register the customary marriage or accept that they have no status.
Official sources and links
- eCitizen — official government services portal