‘Gold diggers must fall’ – Kaluma reacts after court ruling children are not proof of marriage

‘Gold diggers must fall’ – Kaluma reacts after court ruling children are not proof of marriage

Homa Bay Town MP Peter Kaluma has affirmed a long-standing High Court ruling that simply having children with a man does not serve as proof of marriage.

He also noted that the ruling protects individuals from opportunistic behaviour, suggesting that people seek to exploit relationships for financial gain referring them to gold diggers.

Through a statement shared on his X account on Monday, February 17, 2025, Kaluma supported the judiciary’s stance and called for the protection of children’s rights. He emphasized that while parenthood does not equate to marriage, every child must be provided for, in line with Article 53 of the Constitution of Kenya 2010.

“Good progress from @Kenyajudiciary. Gold diggers must fall. We MUST however protect and prove for all children, whether or not their parents are married – Article 53,” he stated.

Article 53 guarantees every child the right to free and compulsory basic education. This right is further reinforced by Section 28 of the Basic Education Act 2013 and Section 7 of the Children’s Act 2001.

Kenyan courts have consistently upheld the principle that cohabitation and parenthood do not automatically establish a marital relationship. Legal recognition of marriage requires adherence to formal processes, either through civil, religious, or customary marriage.

In 2021, Justice Joel Ngugi of the Nakuru High Court addressed a case where a woman sought recognition as the wife of a deceased businessman, claiming they had five children together during their five-year relationship.

“Despite living together or bearing children, a man and woman must satisfy what constitutes a customary marriage before they are considered a married couple,” Ngugi stated.

The court concluded that cohabitation and having children, in the absence of customary marriage rites, do not legally establish a marriage.

In 2023, the Supreme Court of Kenya issued a ruling that further clarified the legal position on cohabitation. The court ruled that long-term cohabitation does not automatically create the presumption of marriage. It stated that this presumption should only be applied when there is strong evidence of the couple’s intent and capacity to marry.