Court Ruling Decriminalises Consensual Sex Between Teenagers in Kenya

The High Court ruled Wednesday that key provisions of the Kenya’s Sexual Offences Act cannot be applied to minors engaged in consensual sexual relationships, a decision welcomed by rights groups as a landmark moment for adolescent sexual and reproductive rights in the country.

Justice Bahati Mwamuye determined that applying the Sexual Offences Act to non-coercive peer relationships involving close-in-age adolescents violates constitutional rights, including dignity and children’s rights

The case was brought in August 2025 by the Centre for Reproductive Rights and the Reproductive Health Network Kenya, acting on behalf of three adolescents, together with the Network for Adolescent and Youth of Africa (NAYA). They challenged four sections of the Sexual Offences Act, arguing that the legislation failed to distinguish between exploitative abuse and ordinary consensual relationships between minors.

Lawyers highlighted two cases that underscored the law’s blunt application. In one, a 17-year-old boy was charged with defilement after police raided a room he was sharing with his 16-year-old girlfriend in February 2025. In another, a 17-year-old faced prosecution following a pregnancy in a relationship with a peer; the charges were later withdrawn in May.

Justice Mwamuye ruled that the two cases should be stayed and not proceed in their current form. Under Kenyan law, anyone aged 18 and above is considered an adult.

“They are hereby directed to develop coordinated policy and implementation measures to ensure adolescent access to sexual and reproductive health information and services without fear of criminalisation in circumstances consistent with this judgment,” the judge ruled.

Rights organisations have long criticised the Sexual Offences Act for exposing adolescents to the threat of arrest, detention and lengthy prison sentences for behaviour many regard as part of normal development–for them as adolescents.

“The National Police Service is directed to, therefore, within a reasonable period, review and align its investigative and arrest protocols relating to sexual offenses involving minors to ensure compliance with this judgment and the constitutional rights of children,” Justice Mwamuye further ordered.

The ruling applies specifically to consensual acts between adolescents of similar ages and does not alter the overall legal framework for adult-minor offenses or non-consensual acts, the judge said.