NAIROBI, Kenya, Jun 12 — Civil society organisations are calling for the expungement of criminal records and the provision of psychosocial support for minors previously prosecuted under Kenya’s Sexual Offences Act.
The push follows a landmark High Court ruling that declared the criminalisation of consensual adolescent peer relationships unconstitutional.
The coalition of rights groups said the judgment marks a fundamental shift in Kenya’s approach to adolescent justice, moving the country “from punishment to protection and from stigma to dignity.”
In a joint statement, the organisations welcomed the May 20 ruling by Justice Bahati Mwamuye, which found that the application of Sections 8, 9 and 11 of the Sexual Offences Act to prosecute adolescents engaged in consensual, non-coercive relationships violated multiple constitutional rights.
The groups are now urging the government to go beyond the court’s orders by clearing the records of young people convicted under what they describe as unconstitutional applications of the law.
“We call for the expungement of criminal records for those previously convicted under these unconstitutional applications of the law and for the provision of psychosocial support for affected minors,” the organisations said.
The ruling arose from Petition E490 of 2025, filed by four petitioners who challenged the broad application of laws designed to protect children from sexual abuse but which, in practice, were also being used against adolescents involved in consensual relationships with peers.
According to the organisations, the enforcement of the law had subjected many teenagers to arrest, detention in adult facilities, and long-term stigma associated with criminal convictions.
“The landmark decision by the High Court of Kenya on May 20, 2026, marked a transformative milestone for justice, jurisprudential development, and human rights,” they said.
“This court decision has affirmed that adolescence is a developmental stage to be nurtured, not a crime to be punished.”
Justice Mwamuye ruled that criminal enforcement of the Sexual Offences Act against adolescents involved in consensual, close-age relationships was unconstitutional where there was no evidence of exploitation, coercion, abuse, or power imbalance.
The court found that such prosecutions violated constitutional protections relating to equality, dignity, privacy, health, education, and the best interests of the child.
In its judgment, the court directed investigative and prosecutorial agencies to distinguish between consensual adolescent relationships and cases involving abuse, coercion, or exploitation.
It also ordered state agencies responsible for health, education, and child protection to develop policies enabling adolescents to access sexual and reproductive health information and services without fear of criminalisation.
The ruling halted criminal proceedings against the adolescent petitioners and permanently stayed aspects of two criminal cases involving consensual, non-exploitative adolescent conduct.
Civil society groups argue that the decision exposes deeper systemic inequalities, noting that adolescents from low-income households and those lacking family support are disproportionately drawn into the criminal justice system.
The petitioners’ experiences, they said, demonstrate how vulnerable young people are often denied guidance, counselling, and healthcare services, only to face punitive legal action.
The organisations are also urging Parliament to urgently amend key provisions of the Sexual Offences Act, including Sections 8, 9, 11 and 43(4)(f), to clearly distinguish exploitative sexual violence from consensual peer relationships.
They further called on the National Police Service and the Office of the Director of Public Prosecutions to immediately review investigative and arrest procedures involving minors and align them with the constitutional standards set by the court.
Former Law Society of Kenya President Faith Odhiambo described the judgment as a major turning point in Kenya’s legal treatment of adolescent sexuality, saying it addresses longstanding tensions between child protection laws and the realities faced by young people.
However, she cautioned that implementation would be critical, warning that authorities must ensure clear safeguards to prevent exploitation while protecting adolescents engaged in age-appropriate peer relationships.
