Age of consent in Kenya
Sexual Offences Act, 2006 · sources read 2 Oct 2026
The age of consent is 18. Any sexual penetration with a child under 18 is defilement, whatever the child says, and carries life for a child aged 11 or under, at least 20 years for ages 12 to 15, and at least 15 years for ages 16 to 18.
- Where
- Any police station (999, 112 or 911); Child Helpline 116; DCI Anti-Human Trafficking and Child Protection Unit
Steps
- Report defilement to the nearest police station, or call 999, 112 or 911 in an emergency.
- Call the National Child Helpline 116 (free, 24 hours) for help and referral for the child.
- The DCI Anti-Human Trafficking and Child Protection Unit handles child sexual abuse and exploitation cases.
Watch out
- The only defence in the Act: the child lied about being over 18 and the accused reasonably believed it. The court looks at what steps the accused took to check the age.
- That defence is not open to a relative of the child.
- The minimum sentences still apply: the Supreme Court held they are not unconstitutional. If the accused is under 18, the court may instead use borstal and Children Act sentences.
Who this covers
- Protects every child, meaning anyone under 18, boy or girl.
Official sources (6)
- Sexual Offences Act (No. 3 of 2006) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Molel v Republic (Criminal Appeal 188 of 2017) [2024] KECA 1681 (KLR), applying Republic v Joshua Gichuki Mwangi [2024] KESC 34 (KLR) new.kenyalaw.org · read 2 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 2 Oct 2026
- Child Protection Services Portal childrenservices.go.ke · read 2 Oct 2026
- Anti Human Trafficking And Child Protection Unit dci.go.ke · read 2 Oct 2026