Caleb Omar and Goerge Maina challenged anal examination and wanted tests carried on them declared unconstitutional. The two said the tests amounted to self-incrimination. The tests were done following their arrest in February 2015 on suspicion of homosexual activity.
They claimed they were forced to have the examination, HIV and hepatitis B tests. The two argued that this amounted to torture, inhumane and degrading treatment. They said doctors at the Coast General Hospital conspired with law enforcement agents to subject them to forced anal examinations in violation of their rights.
But Emukule ruled that there was no violation of their rights when the tests were done.
NAIROBI, Kenya — Human rights groups expressed outrage on Thursday over a Kenyan court’s decision to uphold mandatory anal examinations of men who were suspected of being gay.
In Kenya, a colonial-era law prohibiting “carnal knowledge of any person against the order of nature” is widely understood to prohibit anal sex or sex between men. On Thursday, a court in Mombasa denied a petition to overturn the government’s practice of subjecting men to forced anal exams.
While human rights groups criticized the exams as abusive and medically worthless, government officials argued that they were a useful way to tell if a man was gay.
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.
“I sat in court holding my chin in disbelief,” said Eric Gitari, the executive director of the Kenyan National Gay and Lesbian Human Rights Commission, which has supported the petition. He said the men will appeal.
“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.