Year: 2026

The High Court has ruled that applying criminal penalties to consensual sexual relationships between minors is unconstitutional, marking a significant shift in how Kenya’s Sexual Offences Act may be enforced.In a judgment delivered in Constitutional Petition No. E490 of 2025, Justice Bahati Mwamuye found that prosecuting adolescents under Sections 8, 9, 11 and 43 of…

The High Court has issued a landmark constitutional ruling affirming that transgender and intersex Kenyans may seek changes to sex and gender markers on official documents, holding that such applications must be considered on a case-by-case basis in line with constitutional protections.In a judgment delivered virtually on Wednesday, Justice Bahati Mwamuye ruled that state agencies…