Consent and age of consent
The Sexual Offences Act 2006 sets the age of consent at 18 and creates a comprehensive list of offences, with one-stop centres serving survivors.
The Sexual Offences Act 2006 sets 18 and creates a comprehensive set of offences, including gang rape and deliberate transmission of HIV. Courts have debated the harshness of mandatory minimum sentences in adolescent relationship cases. Gender-based violence recovery centres in major hospitals provide free treatment, including post-exposure prophylaxis.
Key points
| Sexual Offences Act 2006 | Comprehensive, with mandatory minimum sentences |
|---|---|
| Age of consent 18 | One of the highest thresholds, with no close-in-age exception |
| Post-rape care | Free at public facilities, including prophylaxis |
In practice
- Go to a public facility for the post-rape care form and free treatment.
- Report to a gender desk at the police station and keep the OB number.
Worth knowing
The age of consent is 18 with no close-in-age exception, which means consensual relationships between teenagers fall within the offence.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The 2015 Act defines violence broadly, economic abuse included, and protection orders are sought from the magistrates' court.
Protection rests on the Protection Against Domestic Violence Act 2015, which provides protection orders and defines violence broadly to include economic abuse and harmful cultural practices. Applications are made to the magistrates' court and can be heard urgently.
Key points
| Protection Against Domestic Violence Act 2015 | Broad definition including economic abuse and forced marriage |
|---|---|
| Protection orders | From the magistrate's court, with interim orders available |
| Police gender desks | Established at stations to handle these cases |
| Free legal aid | Available through the National Legal Aid Service |
In practice
- Apply for an interim protection order first; it can be granted without the respondent present.
- Report at the gender desk and keep the OB number.
Where to go
- National GBV helpline 1195, free and 24/7.
- Gender-based violence recovery centres in major hospitals.
- FIDA Kenya for legal representation.
Worth knowing
The 2015 Act expressly covers economic abuse and harmful cultural practices. Cite the specific conduct listed in the Act when applying.
The general article: Domestic violence · Compare with another country
Female genital mutilation
The Prohibition of Female Genital Mutilation Act 2011 is among the most comprehensive anywhere: it criminalises performing, procuring, aiding and failing to report FGM, prohibits stigmatising uncut women, and applies to acts committed abroad by Kenyan citizens or residents. A dedicated Anti-FGM Board coordinates enforcement, and the High Court upheld the ban against a constitutional challenge in 2021.
Kenya has one of the strongest legal frameworks on the continent: a dedicated 2011 Act, a national board with a statutory mandate, a specialised prosecution unit, and extraterritorial reach covering Kenyans who arrange the procedure abroad. Prevalence has fallen substantially over two decades. The persistent problem is cross-border cutting, where girls are taken into a neighbouring country for the procedure.
Key points
| Statute | Prohibition of Female Genital Mutilation Act 2011 |
|---|---|
| Failure to report | An offence in itself |
| Extraterritorial | Applies to acts abroad by citizens and residents |
| Anti-FGM Board | A dedicated national body coordinates enforcement and prevention |
| Case law | The High Court upheld the ban against a constitutional challenge in 2021 |
| Prevalence | Falling nationally, but very high in several counties |
| Medicalisation | A recognised problem, with health workers prosecuted |
In practice
- Report through the national helpline or to the Anti-FGM Board: reporting is itself a legal duty.
- Cross-border cutting into neighbouring countries is prosecuted: the Act follows residence.
- Rescue centres exist in the most affected counties for girls fleeing cutting.
Cost and coverage
Reporting and care in public facilities are free.
Where to go
- Anti-FGM Board and national helpline.
- County children's officers and rescue centres.
- Public hospitals for treatment of complications.
Worth knowing
Failing to report a known case is itself an offence in Kenya. That provision is unusual and is what makes the law bite inside communities.
Frequently asked questions
What does the 2011 Act cover?
It criminalises performing, procuring, aiding and failing to report the practice, prohibits taking a person abroad for it, and rules out consent and cultural justification as defences. It also created the Anti-FGM Board, which coordinates prevention and works with county governments.
What is cross-border cutting?
The practice of taking a girl across a national border — into a neighbouring country where enforcement is weaker — so that the procedure happens outside Kenyan jurisdiction. The Act reaches Kenyans who do this, and cross-border coordination with neighbouring authorities has been strengthened.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Kenya, as the scene of the offence, and the home state of the offender, through nationality or residence, may each take action.
Kenyan sexual offences legislation includes provisions on child sex tourism and has been used against foreign nationals.
The general article: Sexual offences committed abroad · Compare with another country
General sources
- eCitizen — official government services portal