Kenya: Judge upholds use of anal probes to define sexuality

Kenya: Judge upholds use of anal probes to define sexuality

A Kenyan court on Thursday upheld the use of anal examinations to determine a suspect’s sexual orientation, dismissing the argument that the procedure amounts to torture and degrading treatment.

There was no violation of rights or the law, Mombasa High Court Judge Mathew Emukule said.

“I find no violation of human dignity, right to privacy and right to freedom of the petitioners,” he said.

Two men had sought a court ruling to stop enforced anal examinations and HIV tests of men accused of being gay after they were subjected to the procedures.

The two were arrested in a bar near Ukunda along Kenya’s Indian Ocean coast in February 2015 on suspicion of engaging in gay sex, which is a criminal offense in Kenya. They still face the charges and, if convicted, could face 14 years in jail.

In their petition, the men said the anal examinations and HIV and hepatitis B tests they were forced to have amounted to being subjected to torture and degrading treatment.

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