Kenyan Court rules parts of Law Criminalising consensual sex between Adolescents invalid

A court in Kenya on Wednesday ruled that certain sections of the country’s Sexual Offences Act cannot be applied to minors involved in consensual sexual relationships, in a landmark decision expected to influence how adolescent relationships are handled nationwide.

Rights groups welcomed the ruling, saying it would help reduce the arrest and prosecution of teenagers involved in consensual peer relationships while also pushing reforms in policing, prosecution, and access to confidential youth-friendly sexual and reproductive health services.

The case was filed in August 2025 by the Center for Reproductive Rights and the Reproductive Health Network Kenya on behalf of three adolescents, together with the Network for Adolescent and Youth of Africa. The petition challenged four sections of the Sexual Offences Act, arguing that the law should not apply to minors engaged in consensual intercourse.

The petition highlighted the experiences of two teenagers. In one case, a 17-year-old 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 17-year-old faced prosecution aftera pregnancy resulted from a consensual peer relationship, although the charges were later withdrawn in May that year. Delivering the ruling, Bahati Mwamuye said both cases would remain suspended and could not proceed in their current form. Under Kenyan law, anyone aged 18 and above is considered an adult.

The petitioners argued that the law failed to distinguish between exploitation and normal adolescent relationships, leaving teenagers Inerable to arrest, detention, and lengthy prison sentences. Authorities, however, maintained that the legal provisions were neand prevent exploitation by adult predators.

“Young people in Kenya have been living in fear, afraid to go to a clinic, afraid to speak to an adult, afraid that a relationship could land them in a police cell,” said Victor Rasugu in a statement.

“We will continue to push for full reform of the Sexual Offences Act so that no young person is ever again prosecuted for simply growing up,” he added.