Friday, June 12, 2026
- The High Court has delivered a landmark ruling that is shaking up
conversations around marriage and sharing of property after divorce.
Justice Charles Kariuki declared that a marriage certificate
is not the sole determinant when dividing property after separation.
Instead, years of cooking, raising children and holding a
family together can earn one a rightful share.
In his judgment, Kariuki emphasized that long cohabitation,
children born within the union, and the realities of family life can create a
presumed marriage under the Matrimonial Property Act.
More importantly, he noted that contribution is not measured
only through receipts, bank transfers or title deeds.
Cooking meals, caring for children, managing the home,
supporting a spouse’s business and creating conditions for wealth accumulation
are contributions the law must take seriously.
The case involved a woman chased from her matrimonial home
in 2010, who returned to court seeking recognition of her role.
Despite lacking financial documents, the court found that
two decades of caregiving and domestic labour had generated a beneficial
interest.
She was awarded a 30% share of the properties, with
interference restrained.
The decision follows earlier calls urging Kenyans to
register marriages formally, with Attorney General Dorcas Oduor reminding
couples that certificates remain vital proof in matters of inheritance, custody
and property rights.
The Kenyan DAILY POST
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