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Kenya: Cousin Relations Not Incest, court rules

According to a High Court ruling, Kenya’s Sexual Offences Act does not classify sexual relations or marriage between cousins as incest.

Intimacy between cousins is a contentious topic of discussion on the majority of social platforms, with perspectives disagreeing on morality, legality, and religious grounds.

Despite the belief of some individuals that engaging in sexual relations with one’s cousin is immoral and goes against religious beliefs, the Kenyan government does not prohibit it.

Regardless of the circumstances, a High Court ruling states that you will not face legal prosecution for engaging in sexual intercourse with a cousin.

When a man challenged the verdict of a magistrate court condemning him for sleeping with his cousin, a judge from the High Court made a ruling, stating that certain religious organisations permit it and that it is not illegal under the law.

The man argued that the girl never had a chance to speak, and the judge based his decision on what he heard. He stated that he was clueless about the connection between the two or how they reached the stage of sexual relations.

According to High Court Judge James Makau, the Sexual Offences Act of Kenya does not include cousins as incest defendants if one has had sexual relations with them.

According to the judge, the National Assembly did not intentionally omit the language about cousins. Instead, it did so because certain groups in Kenya, like the Hindu community, allow cousins to have relationships and even marry each other.

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