The Children’s Act, however, states that minors – those under the age of 18 – are to be tried in a children’s court, unless charged with a capital offence, such as murder. It has no specific provisions on how to deal with a case where two minors are involved. Children are punished as adults, and remanded in custody with adults. The Sexual Offences Act does not make exemptions for any child found guilty of sexual offences.

They are concerned that aspects of the country’s Sexual Offences Act conflict with the Children’s Act, and disproportionately punish teenage boys. Proponents say lowering the age of consent will reduce the number of teenage boys convicted and jailed for “defilement” (the abuse of a child in Kenyan law) after having consensual sex with a girl. Nearly a quarter of Kenyan women gave birth before 18. According to the Kenya Demographic and Health Survey, 15% of women and 22% of men aged between 20 and 50 had their first sexual experience by the age of 15.