Kenyan legal experts warn that courts will uphold prenuptial agreements, even if seemingly unfair, unless clear evidence of fraud, coercion, or manifest injustice is presented. The judiciary maintains a strict stance on enforcing these contracts, reflecting a high threshold for intervention and a refusal to "rewrite bad bargains."

• 9,315 divorce cases are currently pending across Kenya’s courts, as per the State of the Judiciary Annual Report 2024.
• The legal advisory was issued by boutique tax and legal advisory firm Tarra Agility Africa.
• The central principle, reinforced by cases like DNK v GS [2023] and QMAO v DAW [2024], is that prenuptial agreements are binding contracts under the Matrimonial Property Act, 2013, and equity does not rescue parties from poor decisions.