In Kenya today, we are faced with a legal and moral dilemma that demands both common sense and compassion: Should two teenagers who fall in love and engage in consensual sex be treated as criminals?
This question has been reignited by a recent High Court case where Justice Bahati Mwamuye suspended defilement charges against two adolescents. The case involves a teenage couple, both 17 at the time, who entered a consensual relationship, later became parents, and were then dragged into court. The boy is now facing defilement charges for what is, by all accounts, a mutual teenage relationship.
Let’s be clear: adults who prey on children must face the full force of the law. No debate there. But when it comes to age-mates, two teenagers navigating the turbulent path of adolescence, it’s time to rethink our approach.
Criminalising curiosity
Teenagers are naturally curious and emotionally evolving. Puberty brings with it not only physical changes, but emotional and sexual awareness. While this doesn’t mean we endorse underage sex, it does mean we need to treat it as a health and social issue—not a criminal one.
Under the current Sexual Offences Act, even consensual sex between two minors is treated as defilement, punishable by imprisonment. The law doesn’t differentiate between a predatory adult and a 17-year-old teen in love with a classmate. That’s like using a sledgehammer where a scalpel is needed.
The result? Teen boys are charged with serious crimes, while teen girls are labelled victims, regardless of context. It’s not justice. It’s trauma on both sides.
In the case currently before court, the girl, now 19, stood up for her boyfriend, now her husband. She explained they were in a loving, consensual relationship. There was no coercion, no abuse. Just two teenagers who made a decision, perhaps naive, perhaps premature, but certainly not criminal in intent.
Instead of support, they were met with court summons and charges that could scar their lives forever. The boy now carries the label of an accused sex offender. What future does he have? Who benefits from this?
What the law misses
The law is meant to protect, not punish unnecessarily. Yet our Sexual Offences Act, in its blanket treatment of adolescent sexual activity, ignores the reality of teenage life. It assumes that all sexual activity under 18 is predatory, ignoring the complexity of their relationships.
Studies show that a significant number of teenage pregnancies in Kenya involve age-mates—fellow teenagers exploring intimacy without coercion. These are not cases of abuse, but of young people navigating feelings they’re often too immature to fully understand. And yet, the response is legal force.
Legal experts argue that Kenya is failing to uphold its obligations under the Constitution and international conventions that recognise the rights of adolescents to special protection—laws that should be tailored to their developmental stage, not copied and pasted from adult codes of conduct.
We need to draw a clear line: if a 30-year-old exploits a 14-year-old, that is defilement. But two 16- or 17-year-olds discovering love (or what they think is love) should not be paraded through the courts. They need guidance, not punishment.
Much of the responsibility for this confusion lies not just with the courts but with our systems, families, schools, and policymakers, who have failed to acknowledge the emotional lives of adolescents.
Parents often avoid the topic of relationships and sexuality, choosing silence over openness. This leaves teens to learn from peers or the internet, often misinformed and unprepared. Families must create safe spaces for teens to ask questions, express themselves, and learn without fear or shame. The goal is not to encourage sexual activity, but to equip teens with the knowledge to make informed choices, and understand consequences.
Schools too must go beyond abstinence-based lessons and instead embrace comprehensive sexuality education that addresses emotions, consent, communication, and respect. When done right, it helps delay sexual debut, reduces teenage pregnancies, and empowers students to make safer decisions. Teachers should be trained not just to discipline, but to mentor.
Despite national progress, Kenya continues to struggle with high teenage pregnancy rates. Studies show that nearly one in five girls aged 15 to 19 is either pregnant or already a mother. In some counties, the rates are shockingly high—up to 50 per cent in places, such as Samburu and West Pokot. Most troubling, a large number of the men responsible are not strangers or older men, but teenage boys the same age as the girls—classmates, neighbours, and peers.
Let’s be fair
There’s no doubt that adolescence is messy, emotional, and sometimes impulsive. But should we lock up our youth for being human? The time has come for Kenya to revise its laws to reflect nuance and humanity. That means ending the criminalisation of consensual sex between adolescents.
Yes, protect the young from exploitation. But also protect them from misguided laws that confuse love with crime. Let’s allow room for growth, learning, and second chances, not prison records.
In the end, we must ask ourselves: are we raising criminals, or just children growing up in an imperfect world? The answer should be obvious.
Betty Muindi is a Quality Assurance Editor at Standard Media Group