A court in Kenya has ruled that certain provisions of the country’s Sexual Offences Act cannot be applied to minors involved in consensual relationships, marking a significant shift in how such cases may be handled.
The decision is expected to influence future legal treatment of adolescent relationships, with rights groups saying it could reduce arrests and prosecutions of teenagers engaged in consensual peer relationships. It may also push reforms in law enforcement practices and improve access to youth-friendly sexual and reproductive health services.
The case was brought by organisations including the Centre for Reproductive Rights and the Reproductive Health Network Kenya, alongside the Network for Adolescent and Youth of Africa, representing three adolescents. They challenged sections of the law, arguing that it wrongly criminalised consensual activity between minors.
The legal challenge referenced cases involving teenagers who faced prosecution despite being in peer relationships. In one instance, a 17-year-old boy was charged after being found with his 16-year-old girlfriend, while another teenager faced legal action following a pregnancy before the case was later dropped.
Delivering the judgment, Bahati Mwamuye ordered that the affected cases be halted in their current form.
Advocates argued that the law failed to distinguish between exploitation and consensual relationships among adolescents, exposing young people to severe legal consequences. However, authorities had maintained that strict provisions were necessary to protect minors and prevent abuse by adults.
Following the ruling, campaigners say young people may feel less fearful about seeking healthcare or guidance, while efforts to reform the law are expected to continue.