Cohabitation is a new alternative family arrangement that has come to be accepted in this current generation. There is no universally accepted definition of cohabitation. However, it may be defined as “an emotional, physical and intellectually intimate relationship which includes a common living place and which exists without the benefit of legal, cultural and religious sanction” However, later in this paper it will be seen that cohabitation is recognized by common law since it originated there. In most of the court cases, it is referred to as the presumption of marriage. In another definition, cohabitation, also known as ‘come we stay marriage’, is “a marriage formation in which a man and a woman get together in a union that would formerly be deemed legally, culturally and religious unacceptable” . It has to be understood that African traditional society does not value cohabitation and the main reason for the definitions aforementioned. In this paper, I will discuss the place of cohabitation in Kenya and further look at the decided court cases which will make us further understand how courts have dealt with the issue of presumption of marriage. In the end I will give my stand on this issue of cohabitation.