Rights groups on Wednesday hailed a High Court ruling that declared the blanket criminalization of consensual sexual relationships between teenagers unconstitutional, describing it as a major victory for adolescent dignity, health rights, and child protection.
The Center for Reproductive Rights, NAYA Kenya, Reproductive Health Network Kenya, and Katiba Institute said the decision marked a turning point in how Kenyan law treats adolescents. The groups argued that for years teenagers had been arrested, detained and prosecuted over consensual relationships with peers despite the absence of coercion or exploitation, leaving many afraid to seek reproductive healthcare, counselling and support services.
“For too long, the Sexual Offences Act has been used as a weapon against the very young people it was meant to protect, and the burden has fallen heaviest on those with the least power to fight back,” said Martin Onyango, Associate Director for Africa Legal Strategies at the Center for Reproductive Rights.
“Today’s decision demands that we replace punishment with protection and build a policy and legal framework that supports adolescents rather than destroys their futures.” Martin added
In Constitutional Petition No. E490 of 2025, Justice Bahati Mwamuye ruled that applying Sections 8, 9, 11 and 43(4)(f) of the Sexual Offences Act against adolescents involved in consensual, non coercive and non exploitative relationships violated constitutional rights including dignity, equality, privacy, health, education and the best interests of the child.
The court stated that adolescent sexuality formed part of normal human development and should not automatically attract criminal punishment. Justice Mwamuye held that children involved in consensual peer relationships deserved protection, guidance and access to support services instead of prosecution.
The ruling directed the Office of the Director of Public Prosecutions to publish and gazette guidelines on handling cases involving consensual adolescent relationships. The National Police Service was also ordered to review investigative and arrest procedures involving minors accused under sexual offence laws.
State agencies responsible for health, education and child protection were further instructed to develop coordinated policies to guarantee adolescents access to sexual and reproductive health information and services without fear of arrest or prosecution.
The court additionally ordered the immediate termination of criminal proceedings against the minors involved in the petition.
Justice Mwamuye found that the current provisions of the Sexual Offences Act failed to distinguish between predatory sexual crimes and consensual relationships involving teenagers close in age.
Legal experts including Caroline Oduor had argued that criminalising all sexual activity involving persons below 18 violated constitutional protections on proportionality, dignity and the welfare of children.
Petitioners told the court that fear of prosecution had pushed many teenagers away from reproductive healthcare, counselling and support systems, contributing to unintended pregnancies, sexually transmitted infections and unsafe abortions.
The ruling came amid growing pressure on Parliament to amend the Sexual Offences Act following concerns over mandatory sentencing and prison overcrowding linked to defilement cases.
During oversight visits to prisons in Kisumu County earlier this year, officials and legal experts raised concerns that mandatory sentences of between 15 and 20 years denied courts the ability to consider circumstances such as consent, age proximity and lack of exploitative intent.
Stakeholders highlighted so called Romeo and Juliet cases involving teenagers close in age, arguing that many were prosecuted without consideration of mutual consent or context.
Statistics presented to lawmakers showed sexual offences accounted for more than 31 percent of Kenya’s prison population, with defilement cases forming the majority.
The petition featured teenagers whose lives had been disrupted by prosecution over consensual relationships.
One petitioner, identified as HSO, 17, and his 16 year old partner CNK were arrested after police allegedly raided their home in February 2025. HSO was charged with defilement and detained after failing to raise a KES 50,000 bail.
Another petitioner, AMO, was arrested at age 17 after a consensual relationship resulted in pregnancy in 2022. Although the case was later withdrawn, activists said the years spent facing prosecution damaged his future and mental wellbeing.
Victor Rasugu of NAYA Kenya said the ruling restored dignity and health rights for young people who had been living in fear of arrest over relationships with peers.
The petition was filed in August 2025 by the Center for Reproductive Rights on behalf of three adolescent petitioners and NAYA Kenya, with support from Reproductive Health Network Kenya and Katiba Institute.