By James Mutua
The High Court of Kenya has issued a landmark ruling declaring that adolescents should not be criminalized for engaging in consensual, non-coercive and non-exploitative peer relationships.
In its judgment delivered on Wednesday in Petition E490 of 2025, the court found that the application of sections of the Sexual Offences Act used to prosecute adolescents in consensual relationships violates constitutional rights including dignity, privacy, equality, health, education and the best interests of the child.
The court ordered the Office of the Director of Public Prosecutions to publish prosecutorial guidelines on handling cases involving consensual adolescent relationships. It also directed the National Police Service to review arrest and investigation procedures involving minors to align them with constitutional protections.
Further, the court ordered state agencies responsible for health, education and child protection to develop policies ensuring adolescents can access sexual and reproductive health information and services without fear of criminalization.
The petition challenged the blanket application of Sections 8, 9, 11 and 43(4)(f) of the Sexual Offences Act, arguing that the law fails to distinguish between exploitative abuse and consensual peer relationships among adolescents.
According to the petitioners, many teenagers have faced arrest, detention and prosecution for age-appropriate relationships, affecting their education, mental wellbeing and family life.
Reacting to the ruling, Martin Onyango of the Center for Reproductive Rights said the decision marks a shift from punishment to protection for young people.
Victor Rasugu, Executive Director of NAYA Kenya, welcomed the judgment, saying it restores dignity and health rights for adolescents who have long lived in fear of prosecution.
The petition was filed in August 2025 by the Center for Reproductive Rights on behalf of adolescent petitioners and NAYA Kenya, with support from the Katiba Institute and the Reproductive Health Network Kenya.