Mahida & Maina Company Advocates is a full-service law firm in Kenya with diverse practice areas.
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🚨 MARRIAGE CERTIFICATES AREN'T THE ONLY THING COURTS LOOK AT: YEARS OF COOKING, RAISING CHILDREN, AND HOLDING A FAMILY TOGETHER CAN EARN YOU A SHARE OF PROPERTY.
For nearly twenty years, they lived as husband and wife. They raised three children together, built a life, and accumulated property in Narok. Yet when the relationship collapsed, the man insisted there had never been a marriage at all. There was no marriage certificate. No photographs of dowry negotiations. No witnesses to customary rites. Every title deed bore only his name. The woman, who had been chased from the matrimonial home in 2010, returned to court seeking recognition of what she believed she had helped build. In FWM v JMG [2026], the question before the High Court was one that many Kenyans quietly ask: if you spent decades raising children, running a household, supporting a spouse's business and sacrificing your own opportunities, do you walk away with nothing simply because your name never appeared on the title?
The High Court's answer was emphatic: not necessarily. Justice Charles Kariuki held that long cohabitation, children born within the union, and the realities of family life could give rise to a presumed marriage capable of grounding a claim under the Matrimonial Property Act. More significantly, the court recognised that contribution is not measured only through bank transfers, receipts, or title documents. Cooking meals, caring for children, managing the home, supporting a spouse's business and creating the conditions that allow wealth to be accumulated are contributions the law must take seriously. Although the woman produced no documentary evidence of financial input, the court found that two decades of caregiving and domestic labour had generated a beneficial interest in the properties. The result: the properties remained largely with the registered owner, but the court awarded the woman a 30% beneficial interest and restrained interference with her share.
The implications are enormous. To property owners, the case is a warning that title deeds alone may not tell the whole legal story where family relationships are involved. To spouses and long-term partners, it is reassurance that invisible labour is increasingly being recognised by Kenyan courts as economically valuable. And to anyone building wealth within a relationship, it raises uncomfortable but necessary questions: Have you documented ownership structures? Have you considered the legal consequences of cohabitation? Could years of unpaid caregiving translate into enforceable property rights? FWM v JMG signals that modern family law is moving beyond the simplistic question of who paid the purchase price and asking a deeper one: who made it possible for that wealth to exist in the first place? IT GETS HOTTER!
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Wishing you a joyful Eid ul-Adha filled with peace, prosperity, and continued success. May Allah accept your prayers and bless you with happiness and good health. Eid Mubarak
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WE ARE BACK!
Visit us in any of our branches:
NAIROBI:
Victor hse 5th flr, Kimathi St
THIKA:
5th Flr Zuri Center Kenyatta Highway (Wabera St entrance)
NAKURU:
Vicmark Plaza, 2nd flr Suite B4, Govt rd
ELDORET:
K.V.D.A Plaza, 5th flr Oloo St
MOMBASA:
2nd flr, B.O.I Building
Due to the ongoing matatu strike and road closures within Nairobi and Thika today, our offices will remain closed as we prioritize the safety and accessibility of both our clients and staff.
The Eldoret, Nakuru and Mombasa Offices remain open.
Our team remains available remotely
Due to the ongoing matatu strike and road closures within Nairobi and Thika, our offices will remain closed. The Eldoret, Nakuru and Mombasa Offices remain open.
Our team remains available remotely through our official communication channels.
We apologize for any inconvenience.
Today we celebrate the dedication, resilience, and hard work of workers everywhere who keep our communities moving forward
Happy Labour Day
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1/ Disputes don’t always need a courtroom.
Alternative Dispute Resolution (ADR) offers faster, cost-effective, and confidential ways to resolve conflicts through mediation, arbitration, or negotiation.
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Mahida & Maina Company Advocates | @consultmmco analyses the High Court Decision where NCBA was awarded KES. 534 million in damages against NW Realities Valuers who gave exaggerated valuations that resulted in failed Statutory sales by auction. Read:
https://t.co/CNBXUbkO5D
Mwananchi ajitolee, aamke 5am, akae kwa jam mpaka afike job 7:30am. Then apige 8-5 yake. Alipe 30% tax. Alafu bado aswim akienda home while fighting for his life.
Aren't we angry enough Kenyans?