A Kenyan court has ruled that some parts of the country’s sexual offences law should no longer be used to prosecute minors involved in consensual relationships with other teenagers.

The decision marks a major shift in how Kenya handles cases involving adolescents and consensual intimacy. The court argued that certain sections of the law failed to properly separate abuse and exploitation from normal peer relationships among teenagers. 

Before the ruling, the law imposed strict penalties in cases involving minors, even when both individuals were teenagers and the relationship was said to be consensual. Under the previous interpretation, consent from minors was not legally recognised.

The case was brought before the court by reproductive rights and youth advocacy groups after several teenagers were reportedly arrested and charged over relationships involving their peers. One of the cases involved a 17-year-old boy who faced prosecution after police reportedly found him with his teenage girlfriend. 

Rights groups welcomed the ruling, saying it could help reduce the criminalisation of adolescents and improve young people’s access to reproductive health information and services without fear of arrest.

However, the judgment has also sparked concern among critics who fear the decision could create loopholes that may be exploited by sexual predators if proper safeguards are not maintained.

The court clarified that the ruling does not completely permit underage sexual activity but instead calls for a clearer distinction between consensual teenage relationships and cases involving coercion, abuse, or exploitation.