HIGH COURT RULES PARTS OF LAW CRIMINALISING CONSENSUAL SEX BETWEEN MINORS UNCONSTITUTIONAL

The High Court has issued a landmark ruling declaring criminalisation of consensual sex between minors is unconstitutional.

Advocates for human rights believe the ruling will lead to fewer arrests and prosecutions of teenagers for consensual peer relationships. They also anticipate it will push forward reforms in law enforcement, legal proceedings, and access to confidential sexual and reproductive health services that are friendly to young people.

The case was filed in August 2025 by the Centre for Reproductive Rights, the Reproductive Health Network Kenya on behalf of three teenagers, and the Network for Adolescent and Youth of Africa (NAYA). The groups challenged four sections of the Sexual Offences Act, arguing that the law should not apply to minors involved in consensual sexual activity.

The petition highlighted the experiences of two 17-year-olds. In one instance, a boy was charged with defilement after police raided a room he shared with his 16-year-old girlfriend in February 2025. In another case, a different 17-year-old faced prosecution following a pregnancy resulting from a peer relationship. Those charges were dropped in May of the same year.

In his ruling, Justice Bahati Mwamuye stated that both cases are now stayed and cannot proceed in their current form. Under Kenyan law, any person aged 18 or older is considered an adult.

The groups behind the lawsuit had argued that the law did not distinguish between exploitation and normal adolescent relationships. This failure, they said, exposed young people to arrest, detention, and lengthy prison sentences. Authorities had previously maintained that such legal protections were necessary to safeguard children and prevent adult predators from exploiting potential legal gaps.