USE OF ANAL PROBES TO DEFINE SEXUALITY UPHELD

MOMBASA A 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.

“I find no violation of human dignity, right to privacy and right to freedom of the petitioners,” said Mombasa High Court Judge Mathew Emukule.

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 offence 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 amounted to to torture and degrading treatment.