Civil Society Calls for Expungement of Records After Adolescent Ruling

Following a landmark High Court ruling that decriminalized consensual adolescent peer relationships, civil society organizations are advocating for the expungement of criminal records and the provision of psychosocial support for minors previously prosecuted under Kenya's Sexual Offences Act. The coalition of rights groups stated that 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."

The organizations are urging the government to clear the records of young people convicted under what they describe as unconstitutional applications of the law. They emphasize that the enforcement of the law had subjected many teenagers to arrest, detention in adult facilities, and long-term stigma associated with criminal convictions.

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. The court found that such prosecutions violated constitutional protections relating to equality, dignity, privacy, health, education, and the best interests of the child.

The organizations 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. This advocacy underscores the need for legal reforms that align with constitutional values and protect the rights and well-being of adolescents.