Most marriages in Kenya are the come-we-stay type, with the majority of 'married' women having no proof of their unions, save for children.
The full Kenya Demographic and Health Survey 2022, released on Monday in Nairobi, showed only 19 per cent of currently married women have their marriages registered with a civil authority.
This places them in a precarious situation in case of breakups—they walk out empty-handed—because the report also indicates most property in families is owned by men.
However, the report suggests that contrary to popular opinion, most marriages in Kenya do last until death, and divorce rates remained extremely low in the last 20 years.
At least 32,156 women in 37,911 families were interviewed for the report between February 17 to July 13, last year.
Most of those with no proof of marriage were young brides and those from poor families.
“The percentage of women in union with a marriage certificate increases with age, from four per cent among women age 15–19 to 30 per cent among women age 45–49,” head of KNBS Macdonald Obudho, said at the launch.
The report is the seventh following similar surveys conducted since 1989 at an interval of five years.
KDHS surveys usually provide the government with information on socio-economic, demographic, nutrition and health indicators for planning.
Obudho said the information on marriage is important because it also sheds light on the risks women face.
The Marriage Act defines a marriage as a voluntary union of a man and a woman whether in a monogamous or polygamous union and registered under this Act.
In January this year, Supreme Court judges Philomena Mwilu, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko ruled that cohabitation (come-we-stay) is not marriage regardless of the years lived together.
The report shows the percentage of women with marriage certificates increases with wealth quintile, from six per cent among the poorest families to 27 per cent among wealthy families.
Also, married women in urban areas are more likely to be in registered marriages, compared to those in the villages.
“Counties with the highest percentage of women in a registered union with a marriage certificate are Garissa (34 per cent), Lamu (33 per cent), Mombasa (30 per cent), Isiolo (29 per cent), and Kericho (29 per cent). The counties with the lowest percentage are Marsabit (3 per cent), Mandera (5 per cent), Samburu (6 per cent), Wajir (7 per cent), Nyamira (7 per cent), and Tana River (7 per cent),” the report says.
The KDHS 2022 report also indicates that most marriages, regardless of their stability, actually last.
“Overall, the percentage of women who are separated or divorced is slightly higher than that of their male counterparts; 11 per cent of women are separated or widowed compared with five per cent among men,” the report indicates.
These figures have not changed since 2008 when the KDHS report that year showed just 11 per cent of women were divorced, separated, or widowed.
The 2014 KDHS also indicated 11 per cent of women were divorced compared to five per cent of men.
Fewer Kenyan women are also entering into polygamous marriages, the 2022 report further indicates.
Nine per cent of currently married women reported having one or more co-wives, while five per cent of currently married men reported having two or more wives.
This is a huge drop from 1989 when 23 per cent of marriages were polygamous, dropping further to 16 per cent in 2003 and 13 per cent in 2008.
Polygamy is highest among older couples, in rural areas and among poor people.
Counties with the highest rates of polygamy are Turkana (48 per cent), Wajir, Samburu and West Pokot, while Kitui, Vihiga, Machakos, Kiambu, Tharaka Nithi, Kericho, and Nakuru have the lowest percentage.
Betty Sungura-Nyabuto, who heads the National Gender Equality Commission, said the report shows women are making some gains.
“These are important for the protection of women in case of divorce or abandonment,” Nyabuto said.
She noted that many women said they jointly make decisions with their partners.
More than eight in 10 currently married women (86 per cent) participate in decisions about their own health care, 78 per cent participate in decisions about making major household purchases, and 82 per cent participate in decisions about visiting their own family or relatives, the report says.
“This is a progressive number, it should be rising to 100 per cent,” Nyabuto said. “Women’s decision-making is an important part of women's empowerment. Imagine when you can’t make a decision on your own healthcare?”
Health Cabinet Secretary Susan Nakhumicha noted child health and nutrition indicators have improved, and more mothers are now accessing antenatal care and the skilled delivery rate has more than doubled compared to 20 years ago.
However, only 24 per cent of Kenyans have access to health insurance, mostly through the NHIF.
“It is glaring that only a quarter of Kenyans have a form of health insurance, and therefore this is one of the focus areas for improvement by my ministry as we strive to attain universal health coverage through the National Social Health Fund,” she said.
The report also shows an eight per cent decrease in children stunting from 2014 when 26 per cent of children within the same age bracket were stunted.
The percentage of stunted children is higher in rural areas at 20 per cent compared to 12 per cent in urban areas.
The report was launched by Treasury CS Prof Njuguna Ndung’u, who said the results would be used in economic planning.
