Cohabitation is NOT Marriage!

A couple moves in together, has children, and buys property together. To their friends and neighbours, they appear to be married, and the couple considers themselves married for all intents and purposes. However, the law does not regard them as married. In some rare circumstances, a court will apply the doctrine of presumption of marriage in cases of long cohabitation, but the Supreme Court of Kenya has said that the doctrine is "on its deathbed and must be used sparingly."

For a couple to benefit from the legal protections that marriage affords, they should register their union. Kenyan law recognises five forms of marriage. In all cases, the parties to a marriage must be at least 18 years of age, they must consent to the union, they cannot currently be in an existing marriage (except for customary and Islamic marriages) and they must be of opposite sexes. These are the forms of marriage:

Civil Marriage

Civil marriages are secular marriages and do not involve any religious or cultural ceremonies. They are conducted by a registrar of marriages.

Christian Marriage

Christian marriages involve a Christian religious ceremony officiated by a minister or priest.

Hindu Marriage:

Hindu marriages are conducted by a Hindu priest in accordance with Hindu religious customs and traditions.

Islamic Marriage:

Islamic marriages, also known as Nikah, are conducted by a Muslim cleric in accordance with Islamic law. This form of marriage is potentially polygamous as a man is permitted to marry up to four wives.

Customary Marriage:

Customary marriages are conducted according to the traditions and customs of the communities involved and are typically characterised by traditional ceremonies, dowry payments, and the involvement of elders. This form of marriage is potentially polygamous.

It is important to note that a person may not enter into a polygamous marriage if they are already married under a monogamous form of marriage.

Are you planning to get married, or do you need legal advice on marriage in Kenya? Contact us for expert guidance and support.