The High Court has ruled that Kenyan adolescents should not be criminalized for engaging in consensual relationships with their peers, in a landmark judgment seen as a major victory for child rights.
In its decision delivered on May 20, 2026, the court found that applying parts of the Sexual Offences Act to prosecute teenagers in consensual relationships violates their constitutional rights to dignity, privacy, health, education and equality.
The judges said adolescent sexuality is a normal part of development and should not be treated as a criminal matter.
The court directed that the law must be interpreted in a manner consistent with the Constitution.
The court ordered the Director of Public Prosecutions to publish guidelines on handling cases involving consensual adolescent relationships.
It also directed the National Police Service to review its arrest and investigation procedures and instructed government agencies in health, education and child protection to develop policies that guarantee adolescents access to sexual and reproductive health information and services without fear of prosecution.
The court further ordered the immediate termination of criminal proceedings against the minors who filed the case.
Martin Onyango, Associate Director for Africa Legal Strategies at the Center for Reproductive Rights, welcomed the ruling.
“For too long, the Sexual Offences Act has been used as a weapon against the very young people it was meant to protect,” Onyango said.
“Today’s decision demands that we replace punishment with protection and build a legal framework that supports adolescents rather than destroys their futures.”
The petition was filed after several teenagers were prosecuted under the law.
In one case, a 17-year-old boy identified as HSO and his 16-year-old girlfriend, CNK, were arrested in February 2025 and detained for three days after police found them living together.
HSO was charged with defilement and remained in custody after failing to raise a Sh50,000 bail.
In another case, AMO was charged with defilement at age 17 after his consensual relationship with TA resulted in pregnancy. The case was withdrawn in May 2025.
Rights groups argued that such prosecutions disrupt education, separate families and expose young people to stigma and psychological harm.
The petitioners said fear of arrest discourages adolescents from seeking sexual and reproductive health services, contributing to unintended pregnancies, sexually transmitted infections and unsafe abortions.
Victor Rasugu, Executive Director of the Network for Adolescent and Youth of Africa (NAYA Kenya), said the ruling restores young people’s dignity.
“Young people in Kenya have been living in fear. This decision restores adolescents’ dignity and their right to health.” Rasugu said.
The case was filed in August 2025 by the Center for Reproductive Rights on behalf of three adolescents and NAYA Kenya, with support from Reproductive Health Network Kenya and Katiba Institute.
The organizations said they will continue pushing for amendments to the Sexual Offences Act to formally protect adolescents from prosecution for consensual peer relationships.
