In a landmark ruling, Kenya’s High Court has clarified that sexual relationships or marriage between cousins are not deemed illegal under Kenyan law. This ruling came from Justice James Makau in an appeal where a man, referred to as WOO, contested his conviction by a Magistrates Court for alleged incest with his 16-year-old cousin.
Justice Makau’s decision highlighted that the Sexual Offences Act does not include cousins among the prohibited relatives in cases of incest. He explained that the National Assembly’s omission of cousins in the act may stem from cultural variations, as some communities in Kenya, including Hindus, Muslims, and certain African groups, accept cousin relationships.
WOO had been sentenced to 10 years in prison for allegedly engaging in sexual activity with his cousin. However, the High Court found that the lower court’s conviction was flawed due to insufficient evidence and a misinterpretation of the law. Judge Makau pointed out that the lower court improperly included cousins under the definition of incest, despite their exclusion from the Act.
The judge ultimately ruled in favor of WOO, ordering his release and underscoring the importance of legal clarity in cases involving family relationships. This decision highlights the role of cultural norms in shaping the legal landscape in Kenya and offers a precedent for similar cases in the future.
By Standard