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C K W v. the Honourable Attorney General & Director of Public Prosecution: Kenya High Court, 2014

Country
Date December 29, 201512:52 pm
Subject
Court
Summary

The Petitioner, a minor of 16 years old, instituted proceedings through his lawyers seeking a declaration that Sections 8(1) and 11(1) of the Sexual Offences Act are invalid to the extent that they criminalise consensual sexual relationships between adolescents.

In dismissing the appeal the court held that the provisions of the law in issue were aimed at offering protection to children and as such are not unconstitutional. “…the purpose of Sections 8 (1) and 11 (1) of the Sexual Offences Act was not manifestly directed at impairing the rights of the petitioner.”

C K W v Attorney General & another [2014] eKLR: Republic of Kenya: In the High Court of Kenya at Eldoret: Coram: F.A. Ochieng: J Petition No. 6 of 2013: C K W, Petitioner (Petitioning through O S) – versus – The Honourable Attorney General, 1st Respondent Director of Public Prosecution, 2nd Respondent: Judgment