Nakuru Court Rejects Divorce Bid After 4 Years of Cohabitation.

By Owen Chege

A Nakuru Magistrate’s Court has dismissed a divorce petition filed by a Kenyan citizen living in the United States, ruling that four years of living together did not prove that a legally recognised marriage existed between the couple.

The petitioner had approached the court seeking to end the relationship after it broke down. However, the court found that there was no valid marriage to dissolve and dismissed the petition.

In its ruling, the court directed that the parties remain legally unmarried, noting that living together as a couple does not automatically make a relationship a legally recognised marriage under Kenyan law.

Kenyan law recognises several forms of marriage, including civil, Christian, customary, Hindu and Islamic marriages. Each form has legal requirements that must be met for the union to be recognised.

The court noted that a marriage may, in certain circumstances, be presumed to exist even without formal registration. However, such a presumption depends on the evidence presented and the circumstances of the relationship.

The ruling highlights the legal difference between cohabitation and marriage, reminding couples that living together for several years does not automatically give them the legal status of married people.

The decision also shows the importance of establishing whether a legally recognised marriage exists before filing for divorce, since divorce proceedings are meant to dissolve a marriage recognised by law.