Prolonged 'come we stay' is a marriage, court rules
A Nairobi High Court ruled that long-term cohabitation can be legally recognized as a marriage if the couple consistently presented themselves as husband and wife. The ruling clarified that the period of cohabitation only counts after any previous legal marriages have been formally dissolved.
Why it matters
This sets a legal precedent for family law and property rights in cases of 'come-we-stay' relationships in Kenya.
A prolonged “come-we-stay” relationship can amount to a marriage where a couple has lived together for years and conducted themselves as husband and wife.
A prolonged “come-we-stay” relationship can amount to a marriage where a couple has lived together for years and conducted themselves as husband and wife, a Nairobi High Court has ruled.
Upholding a magistrate’s finding that a couple who lived together for 12 years were presumed married, the court said living together does not automatically create a marriage, but conduct can support that presumption where conditions are met.
The couple, codenamed Mr JHN and Ms JNK, began living together in 2003, had two children and later separated in 2023.
The court said the entire 20-year relationship could not support a presumed marriage because the man was still legally married to another woman until March 2010.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in