Property rights in cohabitation unions in Kenya
Date
2018
Authors
Muniu, Moses Muiruri
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Change is one thing in life that is inevitable. One of the changes the world has experienced in the late 20th century and early 2151 century is the emergence of the cohabitation institution. The Kenyan Marriage Act takes notice of the change by recognizing the existence of cohabitation unions. This positive step is negated by the fact that the law goes silent in providing for how property ownership in this unions should be governed. It leads to a case where a cohabitant’s right to own properly as enshrined in the constitution is not realized by them. The situation as explained above has been confirmed through the qualitative research carried out in this paper. The primary sources of data (the statute, books and cases) show that the law goes silent on the issues of property rights, and the cases prove that the cohabitees are affected in a detrimental way. The comparative study on the other hand, supports these papers view that it is possible to avail property rights to persons in cohabitation unions. Scotland has successfully codified these rights while England has drafted a bill set to cover these rights. This paper goes on to identify the opportunities and challenges which Kenya will face in borrowing from the comparative study in formulating a legal framework protecting the property rights of cohabitants. The paper concludes that the solution to this problem will be the legislators drafting a law which helps the cohabitees realize their right to own property as provided by the constitution.
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School
Keywords
Cohabitation Institution, Marriage Act, Cohabitation Unions, Property Ownership