Sex between cousins is not illegal in Kenya, says court

[B](wa tata niatatagirio)

Nairobi, Kenya:[/B] It is not illegal for cousins to marry or engage in sex, the High Court has ruled even though relationships between cousins are acceptable in some communities and taboo in others.

High Court judge James Makau, in an appeal where a man was contesting a conviction of alleged incest with a cousin by the Magistrates Court, found that the Sexual Offences Act does not mention cousin among the list of relatives under the offence of incest.

Justice Makau ruled that the National Assembly did not leave out the clause on cousins by intention but by the fact that in some cultures in Kenya - such as Hindus and Muslims - and some African communities, sexual acts between cousins are not criminalised.

“This means it is permissible to have sex with a cousin,” the judge ruled. “My understanding of the said section (Section 20(1) of the Sexual Offences Act) is that if any sexual act takes place between two cousins, that does not amount to incest within the meaning of the provisions of the Sexual Offences Act.”

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The accused person, named in the court’s verdict as WOO, was arrested and subsequently charged in 2014 for allegedly engaging in sex with a 16-year-old girl knowing that she was his cousin.

He denied the claims and the case went to full hearing after which the lower court found him guilty of incest and slapped him with 10 years in prison.


The man appealed on account that the lower court did not consider that the girl never testified that he defiled her and did not elaborate on how they were related.

According to court records, the man had told the girl to accompany him to his house at 3pm on April 9, 2014, and she agreed and even prepared a meal for him.

Her mother found her in the house and the result was the criminal case.

The girl’s mother testified that the accused was the girl’s paternal cousin but the court found that the trial court erred in finding that he was guilty of incest.

Makau found that the prosecution had failed to prove that the offence lay under prohibited relationships as provided for by law.

“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 relationships to be considered in determining a case of incest,” the judge ruled.

The judge ordered the man’s release.

in kikuyu culture tuugaga ni mugiro na nonginyagia muthie mutherio


Immediate cousins siwes but hao wengine ni fair game. For instance if your uncle (brother to your mum or dad ) marries, there are those who call his new wife auntie from her side of the family. Those count as your cousins. You are not related by blood and so why not. It is not a taboo for two brothers to marry from the same family. Where I live there is a pair of male twins that married twin sisters from another family. If you think about these men married their “sisters” since each twin counts as sister or brother in law. Kama sister ni sawa, why not cousins?


So which of your statements disqualifies the other?
Wa tata niatatgirio or ni mugiro na nonginya muthie mutherio?


it simply means thou shall not be caught…

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Wee @gashwin wacha hizo gathee. Nilikuwa nataka @Meria Mata ajibu juu inakaa hii story imemfurahisha sana.


ukitatiria wa tata razima utherio ili uwe msafi, migiro niyo iraria andu aingi thiku ichi na matiramenya.
ongorwo niutatiirie watata ambia gucharia ngoima ya rangi umwe

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hapana nini?

@introvert leta osung.dll ya wanga. Do not bring those tired Tata truck or the mateke ya punda. Enough said…

Disagreeing with the ruling…

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i wonder why the DPP did not charge the man with defilement…

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Why have sex with a cousin? What if pregnancy occurs?

Uliza hapa wangapi wamefanya 1/2 na cousins, ni wengi sana, lakini chini ya waba


Remember this story, sorry it will disgust your eyes but a doctor said that it might be a genetic disorder brought about by in breeding. No to fucking cousins and blood relatives!


madem wamejaa huku njee wiy fukc your cousin ?


scenario 1- lets say scumbag and Guru are bro and sis, due to family differences in the early 80s Scumbag na kichwa yake ngumu akahamia mpeketoni and broke off all family ties, fast forward yr 2016, Gurus son meets and dfhkm daughter ya scumbag in campo bila kujua ni cousin yake.
Je wamefanya makosa and if they have who is to blame?

thats why a family should always have get togethers and in this era always keep pictures . but ngombe kama @It’s Le Scumbag siwes shangaa akikamua hata paka ya jirani


scenario 2- scumbag swallows his pride and brings his kids back to cendro after making up with family, his fisi son knowing very well daughter ya Guru ni cuzo eats slices BHBL .
hii mtasema nini? ama ni makosa imefanyika.

Wo ist Gott???