The Supreme court has raised the concern about the high number of Kenyans who have chosen to cohabit, saying they are not protected by the matrimonial act on property.
The court said Kenya, just like many other countries, does not have laws to protect parties to cohabitation in case of a dispute relating to property acquired during the subsistence of such cohabitation.
“However, the issue of cohabiting couples’ property has increasingly become a social problem due to the high number of people resorting to cohabitation and in the process of acquiring properties, upon separation there is no legislation governing the division of property,” court ruled.
In the case, a man who was thrown out of their matrimonial property by his ex-partner has been awarded 30 percent share of the estate by the supreme court as being what he contributed while in the union.
The apex court has ruled that they cannot recognise their cohabitation for 20 years as marriage but shared the property between parties because there was evidence both contributed.
“The Court has found there exists relationships where couples cohabit with no intention whatsoever of contracting a marriage; and that a marriage is a voluntary union and that courts cannot impose ‘a marriage’ on unwilling persons,” the court said.
