On Tuesday, the High Court at Milimani heard a constitutional petition challenging parts of the Sexual Offences Act that treat consensual relationships between adolescents as crimes.
Advocates argued against the practice of sending children to prison for offenses linked to adolescent sexuality. They pointed out that teenagers are still developing and require guidance and support rather than a jail cell.
During the proceedings, Katiba Institute lawyer Malidzo Nyawa urged the court to adopt a child-sensitive perspective. He highlighted that adolescence serves as a vital stage for growth.
“Criminalizing adolescents and sending them to prison is not fit,” he said, noting that prisons are not suitable environments for the growth and evolution of young people.
Lawyers also pointed out that arrests and prosecutions derail a student’s education, as many schools reject applicants with criminal records.
They argued that these consequences stunt a young person’s growth and future opportunities.
“We wish to guide this court to consider protective safeguards that can accompany any decision,” the court was told.
The Center for Reproductive Rights and the Reproductive Health Network Kenya filed the petition on behalf of three teenagers and the youth-led organization, Network for Adolescent and Youth of Africa (NAYA).
The legal challenge targets sections 8, 9, and 11 of the current law. The petitioners argue that these sections fail to differentiate between predatory abuse and consensual relationships between teenagers of a similar age.
Petitioners argue that blanket criminalization exposes young people to harsh penalties, social stigma, and interrupted education. They also pointed out that these laws discourage teenagers from seeking essential sexual and reproductive health information.
“Adolescents can’t be treated like a two-year-old child,” the court was told.
The legal team informed the court that authorities often charge children in cases where the minor had actually consented to the relationship.
“We ask this court to find the provision unconstitutional,” the court was told.
The hearing continues at the Milimani Law Courts, and the court expects to deliver its judgment on May 27, 2026.
