By Meshack M. Ngangi | Thursday, March 20, 2025
Family law governs many aspects of our personal lives, yet few people fully understand its implications until disputes arise. The Marriage Act 2014, the Matrimonial Property Act 2013, and the Law of Succession Act play a crucial role in defining rights and responsibilities regarding marriage, property ownership, and inheritance in Kenya. The office of the Deputy Vice Chancellor in the Finance, Planning and Administration (FPA) underscored the essence of every university staff, whether married, single, or planning for the future, to be aware of these legal frameworks to safeguard one’s rights and ensure compliance with the law as outlined in the Constitution of Kenya 2010.
According to a presentation by Mr. Clinton G. Nyamongo, the officer in charge of the University’s legal services, the Marriage Act 2014 provides a structured legal framework for different types of marriages. It recognizes five forms of marriage: civil, customary, Christian, Hindu, and Islamic marriages, each with specific requirements. One of the fundamental provisions of this law is that all marriages must be registered to be legally recognized. The Act also sets the minimum age for marriage at 18 years, making child marriages illegal. Furthermore, it requires that both parties give free and informed consent, ensuring that forced marriages are prohibited. In terms of marital arrangements, the law dictates that civil, Christian, and Hindu marriages are monogamous, meaning one can only have one spouse. However, customary and Islamic marriages allow polygamy, provided the traditions governing such unions permit it. When it comes to dissolving a marriage, the law outlines legal grounds for divorce, including adultery, cruelty, desertion, and irretrievable breakdown of the marriage. Understanding these provisions is crucial for university staff as it provides clarity on marriage registration, rights within marriage, and legal avenues for resolving disputes.
The Matrimonial Property Act 2013, which defines property ownership within a marriage, is closely related to marriage law. Under this Act, matrimonial property includes the family home, household goods, and any property acquired jointly during marriage.
“One of the most important aspects of this law is that it recognizes both monetary and non-monetary contributions in determining ownership rights,” explained Mr. Nyamongo.
This means that even if one spouse was not directly involved in financial contributions, their role in managing the home, raising children, or supporting the family is legally acknowledged when dividing property. In cases of divorce, property is divided based on each spouse’s contribution, whether financial or otherwise. This is particularly important for university staff who may be investing in property during their marriage, as it ensures they understand their rights and obligations concerning shared assets.
Beyond marriage and property, the Law of Succession Act governs inheritance in Kenya, ensuring a clear legal framework for distributing property after death. Succession can either be testate, where the deceased has left a valid will, or intestate, where no will exists.
Mr. Clinton Nyamongo added, “A well-drafted will allows an individual to distribute their property according to their wishes, minimizing potential conflicts among family members. If a person dies without a will, inheritance follows the legal structure set out in the Act, prioritizing spouses, children, and other dependents before considering extended family members.”
The law ensures that dependents are protected and that property is fairly distributed among rightful heirs.
Estate planning is an essential step for university staff to consider, as it helps prevent inheritance disputes. Writing a will, ensuring joint property ownership is well documented, and understanding legal rights in inheritance matters can help secure one’s legacy. Without a will, families often face lengthy and costly legal battles that could have been avoided with proper planning.
In conclusion, understanding these three key laws—the Marriage Act 2014, the Matrimonial Property Act 2013, and the Law of Succession Act—is crucial for university staff. By being aware of legal requirements, rights, and responsibilities, individuals can make informed decisions about their marriages, property ownership, and inheritance planning. It is advisable to consult a qualified Advocate of the High Court of Kenya for professional guidance on any legal concerns related to these matters. Proactively engaging with these legal provisions ensures that individuals can protect their rights, secure their property, and plan their estates with confidence.
