In Nov 2012 Cabinet approved a law which will recognise come-we-stay arrangements of over six months as legal marriages.
The Marriage Bill proposes that chiefs will be enabled to considered
'come-we-stay' affairs that last more than six months as a marriage and
to register them as such.
'Come-we-stay' unions usually arise where a man and a woman commence
living together as husband and wife and even have children without
formalising of their union.
The law which brings together Christian, Islamic and Hindu marriages
as well as marriages consummated under Civil and African Customary law
provides legal protection to all marriages and will facilitate the
protection of the rights of children and spouses in all types of
marriages in the country.
Come-we-stay unions appear to be now very prevalent and more so,
among youngsters despite the fact that these unions have faced religious
condemnation.
Many Kenyans are now 'married' in this manner and the situation can no longer be ignored or wished away.
Further, people who may not have means to carry out traditional or
civil marriages have also taken advantage of this state of affairs to
'get married'.
The Marriage Bill also provides for maintenance of spouses and
children in a situation where a marriage has broken down or divorce has
occurred after co-habiting.
The Cabinet which met under the chairmanship of President Mwai Kibaki
also passed a law which if approved by Parliament will see pre-nuptial
contracts and equal rights to spouses became legal.
The Matrimonial Property Bill provides for the rights and responsibilities of spouses in relation to matrimonial property.
It recognises the capacity of either spouse to acquire separate property during marriage.
It also makes provisions for how persons professing the Islamic faith
should be governed by Islamic law in all matters relating to
matrimonial property.
Further, the Bill provides for how matrimonial property shall be
dealt with in cases of polygamous as well as customary marriages.
The Bill also allows for spouses to enter agreements as to how they will own property either separately or collectively.
It also provides for division of matrimonial property between and
among spouses within the context of customary law, particularly in
polygamous unions.