Court gives nod to anal examination to identify gays

Gays in Kenya have suffered a major blow after the Mombasa High Court allowed police to continue anal examination for identification.

In the ruling Thursday morning, Justice Anyara Emukule ruled that the exam was not unconstitutional.

However, in his ruling, Justice Emukule ruled that the examination be done on their consent.

He further said that that there was no any other way evidence could have been obtained to ascertain that they are gay without carrying out anal examination.

The Mombasa High Court dismissed a case where two men, alleged to be homosexuals, filed a petition seeking to have evidence acquired by the prosecution thrown out of the case, on grounds that it was acquired illegally.

In their petition, the two alleged to be gay, indicated were forced to have anal examination, HIV testing and Hepatitis B testing which led them to be subjected to torture, cruelty which they considered inhuman.

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