… Justice Bahati Mwamuye made the finding on Wednesday, May 20, in a decision expected to significantly reshape the country’s approach to adolescent sexuality and criminal justice. …
Court declares prosecution of consensual adolescent peer relationships unconstitutionalKenya Minute.
Friday, 22 May 2026
Kenya’s news, on the hour · Est. 2026
Friday, 22 May 2026
Nairobi—:—London—:—New York—:—Beijing—:—
Kenyan press · Person
Justice Bahati Mwamuye
Also known as: Judge Bahati Mwamuye
High Court judge who has issued rulings on gender marker changes, Sexual Offences Act application to adolescents, and public transport regulations in Kenya.
In coverage
Verbatim sentences from the source article.
- May 2026
… Judge Bahati Mwamuye held that the enforcement of Sections 8, 9 and 11 of the Sexual Offences Act against adolescents engaged in consensual and non-exploitative conduct violates constitutional rights including equality, dignity, privacy, health and the rights of children. …
High Court rules Sexual Offences Act should not criminalise consensual sex between close-in-age teens… In a judgment delivered on Tuesday, Justice Bahati Mwamuye found that the refusal by state agencies to amend the documents of transgender activist Audrey Mbugua Ithibu violated constitutional guarantees on equality, dignity, privacy, freedom of expression and fair administrative …
Win for transgenders in Kenya as Court allows gender marker changes on official documents… In a judgment delivered by justice Bahati Mwamuye the court found that Jumwa’s appointment was made “without demonstrable compliance” with Section 7 of the Kenya Roads Board Act and in violation of Articles 10, 47 and 232 of the Constitution, which govern transparency, accountabi …
Court declares Aisha Jumwa's appointment as Kenya Roads Board Chairperson unconstitutional… Justice Bahati Mwamuye, in his judgment, in a case filed by transgender person Audrey Mbugua, Maureen Muiya, and Arnest Thaiya, said that the delays and silence cannot be used to defeat Constitutional requirements. …
Court rules Kenyans can change gender markers on official documents… In the ruling delivered by Justice Bahati Mwamuye, the court awarded each petitioner Sh900,000 in general damages, translating to a total payout of Sh9.9 million, excluding interest and legal costs. …
Safaricom Ordered to Pay Sh11mn Over Massive Subscriber Data Breach… Justice Bahati Mwamuye directed the petitioner to serve all respondents by May 8, 2026, while responses to the petition and application are expected by May 22, 2026. …
Petition filed to suspend SHA, Digital Health rollout over legality questions- April 2026
… In a ruling delivered on Wednesday, Justice Bahati Mwamuye dismissed a constitutional challenge to the directive introduced in May 2025, concluding that the measures are lawful and primarily intended to enhance road safety. …
High Court Clears NTSA to Enforce Ban on Flashy PSV Modifications… In a judgement delivered on Wednesday, Justice Bahati Mwamuye upheld the legality of the May 2025 enforcement notice issued by NTSA, ruling that the directive was lawful and necessary to promote road safety and compliance in the public transport sector. …
Court dismisses petition against NTSA directive on matatu graffiti, tinted windows… Justice Bahati Mwamuye granted conservatory relief restraining the FKF NEC from “suspending, removing, or in any other way interfering” with Yusuf’s office and position within FKF, the committee, and related bodies. …
Court stops removal of FKF NEC member Abdullahi Yusuf amid leadership tussle
Society
High Court rules Sexual Offences Act unconstitutional for adolescent peers
The News
Kenya's High Court has declared that prosecuting adolescents under the Sexual Offences Act for consensual, non-coercive peer relationships violates constitutional rights including equality, dignity, privacy, and the best interests of the child. Justice Bahati Mwamuye ruled that criminal enforcement of Sections 8, 9 and 11 of the Act against adolescents in close-age relationships without evidence of exploitation, coercion, abuse or power imbalance is unconstitutional.
Why it matters
High Court ruling that Sexual Offences Act is unconstitutional for adolescent peers represents a landmark constitutional decision affecting criminal justice and child rights.
21 May 2026 · Capital News →
Yesterday
High Court rules Sexual Offences Act unconstitutional for adolescent peers
Kenya's High Court has declared that prosecuting adolescents under the Sexual Offences Act for consensual, non-coercive peer relationships violates constitutional rights including equality, dignity, privacy, and the best interests of the child. Justice Bahati Mwamuye ruled that criminal enforcement of Sections 8, 9 and 11 of the Act against adolescents in close-age relationships without evidence of exploitation, coercion, abuse or power imbalance is unconstitutional.
21 May 2026 · Capital News →
High Court rules Sexual Offences Act cannot criminalise consensual teen relationships
Kenya's High Court declared that sections of the Sexual Offences Act cannot be applied to criminalise consensual, non-coercive sexual relationships between adolescents who are close in age, ruling that such enforcement violates constitutional rights including equality, dignity, privacy and the rights of children. The court found that criminal sanctions should not apply where there is no evidence of exploitation, coercion, abuse or power imbalance between adolescents of close age proximity.
21 May 2026 · Citizen Digital →
Wednesday 20 May
High Court rules Kenyan law permits gender marker changes on documents
Kenya's High Court issued a landmark ruling that Kenyan law does not expressly prohibit the alteration of sex or gender markers on official documents, finding that the refusal by state agencies to amend the documents of transgender activist Audrey Mbugua Ithibu violated constitutional guarantees on equality, dignity, privacy, freedom of expression and fair administrative action.
20 May 2026 · Citizen Digital →
High Court nullifies Aisha Jumwa's Kenya Roads Board chair appointment
The High Court has quashed former Cabinet Secretary Aisha Jumwa's appointment as Chairperson of the Kenya Roads Board, ruling the process violated the Constitution and the Kenya Roads Board Act by failing to meet statutory requirements for transparency, accountability and fair administrative action. The judge declared the appointment unconstitutional, unlawful, null and void ab initio.
20 May 2026 · Citizen Digital →
High Court allows Kenyans to change gender markers on documents
Justice Bahati Mwamuye ruled that the Births and Deaths Registration Act and Registration of Persons Act, interpreted consistently with the Constitution, do not prohibit alteration of gender markers in official documents. The registrar has been ordered to receive applications within 60 days, with changes to be considered case-by-case on medical and legal grounds pending legislative intervention.
20 May 2026 · The Standard →
Thursday 14 May
High Court orders Safaricom to pay Sh11mn for data breach
Kenya's High Court has ordered Safaricom to compensate 11 subscribers with Sh900,000 each for violating their constitutional rights in a data privacy case linked to a breach that allegedly compromised information belonging to more than 11.5 million subscribers between 2018 and 2019. The court found that Safaricom failed to establish adequate safeguards to protect customer data from internal misuse by rogue staff members.
14 May 2026 · Capital News →
Thursday 7 May
Petition challenges legality of SHA, Digital Health systems
A constitutional petition has been filed at the High Court in Kiambu by Francis Awino challenging the legality of the Social Health Authority, digital health systems and public officer medical schemes, alleging they operate outside the law and conduct insurance functions without statutory authorisation.
7 May 2026 · Citizen Digital →
Wednesday 29 April
High Court upholds NTSA ban on flashy PSV modifications
The High Court has affirmed regulations issued by the National Transport and Safety Authority requiring public service vehicles to remove graffiti art, flashy branding, and tinted windows, dismissing a constitutional challenge filed by a matatu operator who argued the directive unfairly targeted matatu culture and was discriminatory.
29 April 2026 · Capital News →
High Court upholds NTSA ban on matatu graffiti and tinted windows
Kenya's High Court has dismissed a constitutional petition challenging the National Transport and Safety Authority's May 2025 directive requiring public service vehicles to remove graffiti, decorative artwork, and tinted windows. Justice Bahati Mwamuye ruled the directive lawful and necessary for road safety, rejecting claims by petitioner Michael Makubo that it unfairly targeted matatu operators and threatened nganya culture.
29 April 2026 · Citizen Digital →
Tuesday 28 April
High Court halts FKF NEC's suspension of member Abdullahi Yusuf
The High Court has temporarily stopped the Football Kenya Federation's National Executive Committee from suspending or removing member Abdullahi Yusuf from office pending the hearing of his constitutional petition. The restraining order follows resolutions passed on April 24, 2026, where several NEC members directed Yusuf to step aside.
28 April 2026 · Citizen Digital →
Friday 24 April
Paradise Lost owners claim 1929 title, allege 2024 fraudulent takeover
Owners of the disputed Paradise Lost land, a 200-acre property, claim decades-old ownership dating to 1929 and allege that unknown individuals perpetrated a fraudulent scheme involving fake title deeds beginning in 2024. They have filed a case scheduled for mention on April 30, accusing government officials and police of failing to assist despite complaints to the Ministry of Lands and the Chief Land Registrar.
24 April 2026 · Citizen Digital →