Kenya: Court Declares Prosecution of Consensual Adolescent Peer Relationships Unconstitutional

The High Court of Kenya delivered a landmark ruling stating that the application of the Sexual Offences Act to prosecute adolescents in consensual relationships violates multiple constitutional rights. Justice Bahati Mwamuye ruled that enforcing Sections 8, 9, and 11 of the Act against adolescents involved in consensual relationships of close age proximity is unconstitutional without evidence of exploitation or coercion. The court directed investigative and prosecutorial agencies to distinguish between consensual relationships and those involving coercion or abuse.