The High Court has ruled that a marriage certificate is not the only factor considered when dividing property after a marriage ends. The decision recognises non-financial contributions such as caregiving and domestic work. It stems from a case involving two decades of family labour.
Justice Charles Kariuki stated that long cohabitation, children born in the union and family realities can create a presumed marriage under the Matrimonial Property Act. The court held that contributions like cooking meals, raising children and managing the home must be taken seriously even without bank records or title documents.
The ruling came in the case of a woman removed from the home in 2010. She received a 30 per cent beneficial interest in the properties after the court found her two decades of domestic labour created a valid claim, though the registered owner retained the titles.
The judgment warns property owners that title deeds alone may not settle all claims where family relationships are involved. Attorney General Dorcas Oduor had urged couples last year to register customary marriages for legal clarity on inheritance and property matters.
