Court okays consensual teen sex: How teenagers faced with indecent assault charges fought back

 High Court Judge Bahati Mwamuye . [Courtesy]

Under-18 adolescents may not automatically face prosecution for consensual sexual activity with peers of a similar age, following a High Court ruling that has sparked nationwide debate on the interpretation of Kenya’s Sexual Offences Act..

In a judgment that challenges aspects of how the Sexual Offences Act is applied, High Court Judge Bahati Mwamuye ruled on Wednesday that a blanket application of the law to all sexual activity involving minors, without considering whether there is coercion, exploitation or significant power imbalance, may be inconsistent with the Constitution.