Kenya’s High Court ruled that applying sections of the Sexual Offences Act to criminalize consensual, non-exploitative sexual relations between adolescents is unconstitutional, marking a significant shift in the interpretation of child protection laws.
The ruling, issued on May 20, 2026, by Justice Bahati Mwamuye in Petition E490 of 2025, determined that the indiscriminate prosecution of relationships between adolescents of similar ages violates constitutional rights such as dignity, privacy, equality, and health.
The court ordered the Director of Public Prosecutions to review prosecution guidelines and suspended ongoing cases involving adolescents in consensual peer relationships, while maintaining that protections against exploitation by adults remain intact.
Human rights organizations celebrated the ruling, stating that it does not change the age of consent or legalize sexual relations between adults and minors, but rather requires a more proportionate approach that distinguishes between abuse and consensual relationships between adolescents.