In a controversial ruling likely to stir fiery debates among religious groups, High Court Judge J A Makau has said it is permissible to have sex with a cousin.
The ruling that was delivered on July 28 indicated that the law does not list first cousins among the relatives between whom sex is classified as incest under the law.
He cited Section 20 ( 1 ) and 22 ( 1 ) ( 2 ) of the Sexual Offences Act saying Parliament intentionally and with good purpose excluded relationship of cousins.
The judge made the ruling in favour of a man said to have defiled his 16-year-old cousin. The man, identified in the case only as WOO, is said to have defiled his undeage paternal first cousin. The star reported.
Although in some cultures in Kenya, such as some Hindus and Muslims and some African communities, sexual acts with cousins are not criminalized. The ruling is likely to provoke a lot of resistance from religious groups who prohibit sexual intimacy among close relative.
Source: The Star