A Nakuru Magistrate Court has ruled that living together for four years does not automatically qualify a couple as legally married, dismissing a divorce petition filed by a Kenyan man based in the United States.
Senior Principal Magistrate Aloyce Ndege dismissed the case involving a man identified as BMT and his former partner, MWM, after finding that the evidence presented did not establish a legally recognized marriage between them.
The ruling was delivered on Tuesday, October 13, 2026, after the petitioner sought to have the relationship dissolved on grounds of cruelty.
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Court Explains Why Four Years Were Not Enough
The petitioner told the court that he and MWM had lived together as husband and wife for four years before their relationship deteriorated and they separated in 2024.
He alleged that his former partner failed to contribute towards household expenses, leaving him to shoulder the financial burden of maintaining their home.
The man, who had relocated to the United States in search of better opportunities while maintaining his home in Nakuru, also told the court that his former partner had since entered another relationship.
He asked the court to presume that a marriage existed between them and subsequently grant him a divorce.
However, Magistrate Ndege found that the period of cohabitation and evidence presented were insufficient to justify presuming that a marriage existed.
“I find a period of four years not that long, and given the evidence adduced by the petitioner herein, I find no quality in the short period that the parties herein cohabited to make me presume a marriage,” the magistrate ruled.
Court Dismisses Divorce Petition
The court noted that no valid marriage certificate had been produced to establish the union.
MWM had been served with the petition but did not enter an appearance or file a formal response. The case therefore proceeded without a defence, with the petitioner giving oral testimony.
The magistrate questioned the purpose of presuming a marriage in proceedings where the petitioner was simultaneously seeking to dissolve it.
He subsequently dismissed the petition as unnecessary, directing that the two parties continue as unmarried because no legally recognized marriage had been established.
The petitioner was also ordered to bear the costs of the proceedings.
What the Ruling Means for Come-We-Stay Couples
Kenyan law recognizes Christian, civil, customary, Hindu and Islamic marriages. Cohabitation, commonly referred to as a “come-we-stay” arrangement, does not automatically establish a legally recognized marriage.
However, courts may consider a presumption of marriage in appropriate cases where the evidence satisfies the applicable legal requirements.
Factors may include the duration of cohabitation, the parties’ capacity and intention to marry, their consent and whether they presented themselves publicly as husband and wife.
The ruling does not mean that every couple who lives together without a marriage certificate is automatically considered unmarried in every legal dispute. Each case depends on its circumstances and the evidence presented.
It nevertheless highlights the importance of understanding the legal distinction between living together and establishing a marriage recognized under Kenyan law.
