Court declares prosecution of consensual adolescent peer relationships unconstitutional

The High Court has ruled that prosecuting adolescents involved in consensual, non-coercive peer relationships under Kenya’s Sexual Offences Act violates constitutional rights...

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The High Court has ruled that prosecuting adolescents in consensual, non-coercive peer relationships under Kenya's Sexual Offences Act is unconstitutional.

The ruling declared that such applications infringe upon adolescents' constitutional rights to equality, dignity, privacy, health, education, and the best interests of the child, as guaranteed by Articles 27, 28, 31, 43, and 53.
Justice Bahati Mwamuye delivered the judgment on Wednesday, May 20, in Nairobi.
The court directed investigative and prosecutorial agencies, including the Office of the Director of Public Prosecutions and the National Police Service, to develop new guidelines distinguishing consensual adolescent conduct from exploitation and abuse.

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