According to , High Court Judge J A Makau says the law does not list first cousins among the relatives between whom sex is classified as incest under the law.
In his judgment, Makau said it is permissible to have sex with a cousin because in some cultures in Kenya, such as some Hindus and Muslims and some African communities, sexual acts with cousins are not criminalised.
He cited Section 20 ( 1 ) and 22 ( 1 ) ( 2 ) of the Sexual Offences Act.
Makau said Parliament intentionally and with good purpose excluded relationship of cousins.
He said this on July 28 when he ruled on an appeal by a man sentenced to 10 years for incest and defilement.
The man, identified in the case only as WOO, is said to have defiled his 16-year-old paternal first cousin. The two cannot be identified for legal reasons.
The judge disagreed with the trial court for punishing the man for incest, saying, “My understanding of the said Section 20 ( 1 ) is that if any sexual act takes place between two cousins, that does not amount to incest within the meaning of the provisions of Sexual Offences Act.”
He added, “I find that it was an error in law for the trial court to have imported the relationship of a cousin and included it within the provisions of the law when that relationship was not among the specified relationship, to be considered in determining a case of incest.”
-The Star