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May 20, 2026
2h ago

High Court Stops Prosecution of Consensual Teenage Relationships

High Court Stops Prosecution of Consensual Teenage Relationships

For many years, many teenagers, particularly males, have found themselves on the receiving end of the law over consensual relationships, with statistics showing that sexual offences account for about 31% of Kenya’s prison population...

✨ Key Highlights

The High Court has ruled that the blanket criminalisation of consensual sex between minors is unconstitutional, impacting the enforcement of the Sexual Offences Act.

  • The ruling declared Sections 8, 9, 11, and 43 of the Sexual Offences Act unconstitutional when applied to consensual, non-coercive adolescent relationships.
  • Justice Bahati Mwamuye delivered the judgment, directing the Office of the Director of Public Prosecutions (DPP) to revise guidelines.
  • The court found that the law failed to distinguish between predatory offences and consensual relationships between adolescents close in age, citing concerns over 'Romeo and Juliet' cases.

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