In Kenya, many couples believe that living together for decades automatically makes their union a marriage. Phrases like “come–we–stay” feel just as real as a wedding in church or at the Attorney General’s office. But here is the hard truth: Kenyan law does not recognize long-term cohabitation as a marriage.

Lawyer Danstan Omari, in his detailed explainer on the Marriage Act, 2014, shows why couples must take legal steps if they want protection. This article breaks it all down in simple terms—what counts as Marriage in Law, what doesn’t, and how couples can secure their future.

According to the Marriage Act, 2014, marriage in Kenya means:

👉 Key point: Cohabitation—no matter how long—does not equal marriage unless registration happens.

The Act recognizes five systems of marriage. All of them carry equal legal weight, but each has its own rules.

Many believe that staying together for 10, 20, or even 30 years makes them legally married. Courts once allowed a concept called “presumption of marriage”—where cohabitation plus evidence of public recognition could stand.

But the Supreme Court in 2021 ruled that this doctrine is now very limited. The Court said:

👉 In short: the law does not protect come–we–stay unions unless registered.

Couples who live together without registering risk serious consequences:

If you’ve been in a “come–we–stay” relationship for years, here’s what you can do to avoid future heartbreak:

Registering your union is not just about law—it is about:

“Come–we–stay” may feel like marriage, but the law says otherwise. Marriage in Law in Kenya is about celebration and registration, not just cohabitation.

Whether you are in a church, a mosque, a temple, or a village homestead, take the extra step to register. That certificate is your legal shield.

As Danstan Omari warns, the law is clear: thirty years together without registration is still just cohabitation. Protect yourself, protect your partner, protect your family.