COUPLES SHOULD HAVE PRENUPS-MARTHA KARUA

Politician and former justice minister, Martha Karua, has encouraged couples to sign a prenuptial agreement before they get married.

Speaking in an interview, Karua talked about the historical struggles women have faced in securing property rights within marriage, noting that many women in previous generations were disadvantaged by societal norms that placed financial control solely in the hands of men.

“I think people should have prenups, to avoid a tussle should there be in need. In Kenya, we’ve had to fight so hard to even get recognition that women deserve a share, because the average woman, especially those days, will get married, the salary will be controlled by the husband if they buy property to be put in the husband’s name,” she said.

Karua, who previously practiced as a family lawyer, recounted her experiences witnessing how women were often left without rightful claims to property they had contributed to either financially or through household responsibilities. “I used to be a family lawyer, and I know as a matter of fact that my mom’s age mate, and even my own age mate, most of the things will be in the man’s name, not even in joint,” she added. 

She further explained that courts often struggle to recognise the indirect contributions of women, such as raising children and maintaining the household, which ultimately support a family’s financial stability. ”So now trying to tell the court to understand that you two were earning, and if you spent on the household where he acquired property, you were relieving of a burden you would otherwise have had to bear.”

The politician stated that such legal arrangements help prevent disputes and ensure fair property division in the event of separation or unforeseen circumstances. She also advised couples without prenups to ensure property acquisitions are made in joint names, safeguarding both parties from external claims in the event of death or marital dissolution.

“It’s not just about not trusting each other,” Karua explained. “Imagine if one of you goes before the other—relatives may come to claim property. If the man had affairs and children outside the marriage, they too could stake claims. At least let some of the property be yours.”