Landmark Ruling Forces Kenya Police and Prosecutors to Rethink How They Handle Teen Sex Cases
The High Court has delivered a landmark ruling that reshapes how the law treats sexual relationships between teenagers, finding that key sections of the Sexual Offences Act cannot be used to prosecute adolescents in consensual, non-coercive peer relationships. Justice Bahati Mwamuye held that enforcing Sections 8, 9, and 11 of the Act against teenagers in consensual, non-exploitative relationships directly violates their constitutional rights, including their rights to equality, dignity, privacy, and health, as well as the protections the Constitution guarantees to children. “In the final analysis, the petition succeeds in substantial parts,” the judge ruled. He insisted that the law
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