Judge rules that police can force anal exams to determine if man engaged in sex with another man


Gay flag (illustration) 
By: Mahesh Sarin

Two men of Kenya, sued a police department for forcing them to undergo an exam to see if they had engaged in gay sex as it is against the law.

The two men had sought a court order to stop the forced anal examinations and HIV testing of men accused of being gay after they were forcefully subjected to the tests.

The two men were arrested in a bar near Ukunda, on suspicion of being homosexual. The men were arrested and forced to undergo the humiliating exams.

After it was determined that they broke the law by having had engaged in sex acts with each other, they were arrested and they now face 14 years in prison if convicted.

In their petition, the men said that being forced to undergo anal examinations, HIV and hepatitis B tests amounted to torture and degrading treatment.

The judge said that the defendants could have used their lawyers to obtain injunctions to prevent the testing.

However, Mombasa High Court Judge Mathew Emukule ruled that there was no violation of rights or the law.

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

Eric Gitari, the executive director of the Kenyan National Gay and Lesbian Human Rights Commission, is angry over the ruling.

“It's so painful when we are trying to encourage the gay community to go to court to affirm their rights, the courts are instead affirming violation of their rights,” Gitari said.

Gitari explained that the court’s ruling means that anyone can be arrested on a rumor that they are gay and subjected to these tests on taxpayer’s money.

The men said that they will appeal the verdict.