
Kenya High Court Upholds Prenuptial Agreement

A Malindi villa and apartment just slipped through a woman’s fingers after the High Court told her to respect the prenuptial agreement she once signed with her ex. FZA and RB tied the knot in 2013, but just before walking down the aisle they signed an agreement that said: anything owned before the marriage stays strictly personal. Fast forward to divorce drama, and FZA tried to argue that the villa was their matrimonial home and that she contributed—through childcare, domestic work, business management, and being the supportive wife. Surely, that counts, right?
Not this time. Justice Mugure Thande reminded us that yes, under the Matrimonial Property Act, contribution—both financial and non-financial—is the golden rule when splitting property. But the game changes when there’s a prenup. The court found that RB bought the villa and apartment before marriage, so they were shielded by the prenup. FZA’s claims that she was coerced or that the deal was unjust were tossed out—after all, she had independent legal advice when signing. The judge basically said: if you agreed in writing that pre-marriage property is off limits, you can’t come back later asking for a slice.
The interesting twist here? The villa did count as a matrimonial home, but that still didn’t give her an automatic right to it because the prenup had already ring-fenced it. So the court wasn’t blind to her contributions—it just wasn’t willing to tear up a valid contract that the couple freely entered into.
The tea? Prenups are not just movie props; Kenyan courts will enforce them. They won’t be thrown out just because one spouse feels shortchanged later. Unless there’s proof of coercion, fraud, or gross unfairness, the court will tell you: “You signed it, you own it.”
So while love may fade and accusations may fly, that prenup you scribbled before saying “I do” might be the one document that decides whether you leave the marriage with property… or just memories.
