Remember that one time Lilian Ng’ang’a after dumping former Governor Alfred Mutua said ‘but we were not married’’? And we thought she was crazy or dickmatized because everybody knew that she was with the Governor for a decade. Turns out she was right. Come we stay is not marriage!
If you have been cohabiting with someone thinking that you are married, woe unto you. The Supreme Court recently said that your ‘marriage’ may end up in premium tears.
Supreme Court judges Philomena Mwilu, Smokin Wanjala, William Ouko, Isaac Lenaola, and Njoki Ndungu categorically warned that the presumption of marriage is on its deathbed. Since changes were made to the matrimonial laws in Kenya.
The judges said they recognize that there exist relationships where couples cohabit with no intention whatsoever of contracting a marriage.
“In such contexts, such couples may choose to have an interdependent relationship outside marriage. While some may find this amoral or incredible, it is a reality of the times we live in today,” they said.
Property distribution
The Supreme Court of Kenya also ruled that spouses are not entitled to a 50/50 share of matrimonial assets after divorce. The Court said that distribution of property is solely based on individual contributions. In the event of separation, each partner must prove their contribution to enable a court to determine the percentage available to them
The Court also stated that while Article 45(3) of the Constitution deals with equality of the fundamental rights of spouses during the dissolution of a marriage, such equality does not mean the re-distribution of proprietary rights or an assumption that spouses are automatically entitled to a 50 percent share by fact of being married.
The ruling came in response to an appeal filed by Joseph Ombogi Ogentoto, who sought to overturn a decision by the Court of Appeal that ordered the matrimonial property and rental units in the property be shared equally between himself and his estranged wife, Martha Bosibori Ogentoto.
By Wanjiru Mbaru