Court Ruling Marks New Shift in Protection of Adolescent Rights
By Peace Muthoka
The High Court has ruled that adolescents should not face criminal prosecution for consensual, non-coercive and non-exploitative peer relationships, in a landmark judgment expected to influence reforms in Kenya’s child protection, health and education systems.
In a decision delivered on Wednesday in Petition E490 of 2025, the court found that the application of sections of the Sexual Offences Act to prosecute adolescents in consensual peer relationships violates constitutional rights, including equality, dignity, privacy, health, education and the best interests of the child.
The ruling marks a major shift in how the law treats adolescent sexuality, with the court recognizing that adolescent sexual development is a normal part of growing up and should not automatically be treated as a criminal matter.
The judges further stated that the Sexual Offences Act must be interpreted and enforced in a way that aligns with the Constitution and protects children from discrimination and harm.
As part of the ruling, the court directed the Director of Public Prosecutions (DPP) to publish and gazette prosecutorial guidelines for handling cases involving consensual adolescent peer relationships. The move is expected to prevent minors from being unnecessarily subjected to criminal proceedings.
In addition, the National Police Service was ordered to review and align its arrest and investigation procedures in sexual offence cases involving minors to ensure they comply with the Constitution and uphold children’s rights.
The court also directed government agencies responsible for health, education and child welfare to develop coordinated policies that guarantee adolescents access to sexual and reproductive health information and services without fear of criminalization.
Further, the judges ordered the immediate termination of criminal proceedings against the minors who had filed the petition.
Speaking after the ruling at Network for Adolescents and Youth of Africa (NAYA) offices in Nairobi, Martin Onyango, Associate Director at the Africa Legal Strategic Centre for Reproductive Rights, described the judgment as a victory for adolescents whose lives have often been disrupted by laws meant to protect them.
“For too long, the Sexual Offences Act has been used as a weapon against the very young people it was intended to protect, with the burden falling hardest on those least able to defend themselves,” said Onyango.
He added that the judgment signals a shift from punishment to protection and opens the door for legal and policy reforms that support adolescents rather than harm their future.
Meanwhile, Victor Rasugu, Executive Director of the Network for Adolescents and Youth of Africa (NAYA), said the ruling highlights the urgent need for policy reforms to ensure adolescents and young people can safely access sexual and reproductive health services and information.
Rasugu noted that the judgment aligns with the Ministry of Health’s existing national guidelines on adolescent and youth-friendly services, which include school-based, clinical, community and online support systems.
He said the ruling should strengthen efforts to ensure young people receive age-appropriate information and services in schools, health facilities and communities without stigma or victimization.
Rasugu further said policies that contradict the court’s decision would now need to be reviewed and aligned with the law to better protect the rights and dignity of adolescents.
Rights groups believe the judgment could pave the way for broader reforms in adolescent healthcare, education and child protection, while reducing cases where teenagers are prosecuted over consensual peer relationships.
