“Employees Should Be ‘Legally Married’ To Enjoy Company Benefits” New Law States

By Jane Okoth,

Do you remember the famous come we stay saga that sparked debate in parliament some time back?

It was a proposal by members of parliament that cohabitating relationship for more than 6 months should be equated to a marriage union.

Recent reports indicate that couples who have not formalized their marriage now risk losing their benefits,

Kenyan employers have demanded that married workers register their unions with the registrar of marriages in accordance with the new law which has nullified the use of affidavits.

Previously, employers would use sworn affidavits as proof that one was married which enabled their spouses and families enjoy the benefits.

The benefits included access to credit, medical insurance and pension that accrue to married employees and their families.

The Cooperative Bank of Kenya, among other employers have communicated to their employees that they will no longer recognize affidavits as proof of marriage.

Is this a fair move and what does it hope to achieve?

Pius Nzomo, a General Manager at an insurance company tends to think that this is an unnecessary move and questions the motive behind it.

“What do they hope to achieve by doing so? This is an unfair move that is aimed at denying workers the benefits and privileges they used to enjoy.”

Lucy Mayaka thinks that this is a good idea that is meant to strengthen the institution of marriage.

“You cannot claim that you are entitled to enjoy the benefits of your spouse yet the two of you are not legally married. This is just like reaping where you have not sowed,” she argues.

She adds that, “People need to realize just how important it is for employers and their employees to come to a sober consensus on the issue.”

“This is a wakeup call to couples who have not formalized their unions to make sure they continue enjoying the benefits,” says Mary Wanyama, an Administrative Officer at a Logistics Firm.

“This is a good lesson to the come we stay relationships considering the fact that we live in a polygamous society,” he concludes.

Do you think the move is a good one or is unfair to some people?

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