Lobby groups challenge criminalization of consensual sexual relationships between adolescents

Advocates argued that sending children to prison for offences related to adolescent sexuality is inappropriate. They stressed that adolescents are developing members of society who need guidance and nurturing, not incarceration.

During the hearing, Katiba Institute lawyer Malidzo Nyawa urged the court to adopt a child-sensitive approach, emphasising that adolescence is a critical developmental stage.

“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 further highlighted that arrests and prosecutions disrupt education, as many schools refuse to enrol students with criminal records.

This, they argued, harms young people’s development and prospects. “We wish to guide this court to consider protective safeguards that can accompany any decision,” the court was told.

The petition, filed by the Center for Reproductive Rights in partnership with Reproductive Health Network Kenya, was brought on behalf of three teenagers and the youth-led organization Network for Adolescent and Youth of Africa (NAYA).

It challenges sections 8, 9, and 11 of the law, which do not distinguish between exploitative abuse and consensual relationships between adolescents of similar age.

Petitioners argue that blanket criminalization exposes young people to severe penalties, social stigma, and disruption of education, while also discouraging adolescents from seeking sexual and reproductive health information and services.

“Adolescents can’t be treated like a two-year-old child,” the court was told.

The court was further told that, in most cases, the child is charged in court, yet the child had consented.

"We ask this court to find the provision as unconstitutional," the court was told.

The hearing continues at Milimani Law Courts, with judgment expected May 27, 2026.