A Kenyan court has clarified the legal status of couples living together without formalising their unions, ruling that four years of cohabitation alone cannot establish a legally recognised marriage.
The decision was delivered by a Nakuru Magistrate’s Court on Tuesday, October 13, 2026, after dismissing a divorce petition filed by a Kenyan citizen based in the United States who had lived with their partner for four years.
The magistrate determined that the relationship did not meet the legal requirements for a recognised marriage. With no valid marriage certificate presented, the court found no legally established marriage that could be dissolved through divorce proceedings.
In explaining the decision, the magistrate noted that the four-year period was insufficient to justify presuming a marriage based on the evidence presented.
However, Kenyan law does not entirely rule out the possibility of recognising marriages formed through long-term cohabitation under particular circumstances.
The Marriage Act, 2014, identifies five recognised forms of marriage: Christian, civil, customary, Hindu and Islamic unions.
In 2023, the Supreme Court upheld strict conditions for presuming a marriage where no certificate exists. In that case, a couple who had lived together for 25 years secured a 70:30 property-sharing arrangement after the court considered their long relationship, capacity to marry and intention to enter marriage.
The Supreme Court also emphasised that evidence challenging a presumed marriage must be clear and convincing, with the applicable standard of proof remaining the balance of probabilities.
Separately, the High Court has ruled that a marriage certificate is not the sole consideration in matrimonial property disputes. Factors such as raising children, maintaining a household and the length of a relationship may influence property claims.
The latest ruling highlights the importance of understanding legal requirements before assuming that living together automatically grants couples the rights enjoyed by formally married partners.