A Kenyan court ruled on Wednesday that certain provisions of the law on sexual offenses could not be applied to minors who had consensual sexual relations, a decision hailed by human rights advocates as a major step forward for the rights of adolescents in Kenya.
The High Court in Nairobi ruled that several sections of this law could not be applied to cases involving consensual relationships between adolescents of the same age group. Human rights organizations believe this decision could reduce arrests and prosecutions of young people for peer relationships.
The case was brought before the courts by the Centre for Reproductive Rights, the Kenya Reproductive Health Network and the NAYA Kenya organization on behalf of three teenagers.
The plaintiffs argued that the law made no distinction between sexual abuse and consensual adolescent relationships, exposing minors to arrest, detention, and sometimes long prison sentences.
The ruling cites, in particular, the case of a 17-year-old boy prosecuted after being found with his 16-year-old girlfriend, as well as another boy of the same age prosecuted after a pregnancy resulting from a relationship between teenagers. Proceedings in these cases have now been suspended.
Judge Bahati Mwamuye stated that these proceedings could not continue in their current form.
Kenyan authorities defended the law, arguing it was necessary to protect children from adult sexual predators. But rights groups believe the decision paves the way for broader reforms concerning policing, the justice system, and young people's access to sexual and reproductive health services.
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