The man caught in a sex videotape that has shared online was released from police custody.
Family tells police the two are 'cousins'
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Reports have indicated that the mother of the girl in the video presented the birth certificate to establish the age of the woman in the video.
Police were able to establish that the girl was born in 1997 and even if the video was filmed in 2017, the girl would have been 20 years then.
Patrick Ayoyi Ajunga and the woman in the video are said to be long distance cousins as per their family members.
Police looking for the girl
Police are still looking for the girl who was in the video to record her statement as they conduct forensic analysis of the video clip.
Investigators want to also establish who shared the video, which Ayoyi had told police was recorded at his house in Nairobi in 2017.
Ayoyi had denied sharing the video, claiming that in 2017 he lost his phone which may have ended up in the hands of whoever shared the video.
The Sexual Offenses Act in Kenya defines incest as sexual relations between a man and a female relative whom he knows to be his daughter, granddaughter, sister, mother, niece, aunt or grandmother and sexual relations between a woman and the corresponding male relatives.
Those found guilty of the offense are liable to imprisonment for a term of not less than 10 years.