The petitioner, C.K.W., who was 16 years old at the material time, was facing a charge before the magistrate’s court for the offence of defilement for having penetrative penile-vaginal sex with a girl the same age, which was contrary to Sections 8(1) and 8(4) of the Sexual Offences Act, 2006 (Sexual Offences Act).

C.K.W. submitted an application before the High Court of Kenya, calling on the Court to declare Sections 8(1) and 11(1) of the Sexual Offences Act invalid to the extent that they are inconsistent with the rights of children as protected under the Constitution of Kenya. The Sexual Offences Act criminalizes sex between all individuals under the age of 18, without regard to their capacity to consent.