The Milimani Law Courts on Tuesday heard a constitutional petition seeking to overturn provisions of the Sexual Offences Act that criminalize consensual sexual relationships between adolescents.
The petitioners argue that the current law fails to distinguish between exploitative abuse and consensual relationships involving teenagers of similar age, resulting in severe legal consequences for young people.
Lawyers Call for Child-Sensitive Legal Approach
During the hearing, advocates urged the court to adopt a child-sensitive interpretation of the law, emphasizing that adolescence is a crucial developmental stage that requires guidance rather than punishment.
Lawyer Malidzo Nyawa of Katiba Institute argued that imprisoning adolescents for sexual offences involving peers is inappropriate.
“Criminalizing adolescents and sending them to prison is not fit,” Nyawa told the court, noting that correctional facilities are unsuitable environments for young people’s development.
Legal representatives further stressed that prosecution often disrupts education, as many schools refuse to admit students with criminal records. This, they said, can significantly affect young people’s long-term prospects.
Petition Challenges Key Legal Provisions
The case was filed by the Center for Reproductive Rights in partnership with Reproductive Health Network Kenya on behalf of three teenagers and the youth-led group Network for Adolescent and Youth of Africa.
The petition specifically challenges Sections 8, 9, and 11 of the Sexual Offences Act, which currently do not differentiate between sexual exploitation and consensual relationships among adolescents close in age.
Petitioners argue that such blanket criminalization exposes teenagers to harsh penalties, social stigma, and interrupted education. They also warn that the law discourages adolescents from seeking sexual and reproductive health information or services.
“Adolescents can’t be treated like a two-year-old child,” the court was told during submissions.
Broader Implications for Youth Rights
Lawyers told the court that in many cases the adolescents involved consented to the relationships, yet one party still ends up facing criminal charges under the law.
They urged the court to declare the provisions unconstitutional and introduce protective safeguards that reflect the realities of adolescent development.
The case is expected to continue in the coming weeks at Milimani Law Courts, with a judgment anticipated on May 27, 2026.
If successful, the petition could significantly reshape how Kenyan law treats adolescent sexuality and influence broader discussions about youth rights, education, and public health policy.
