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Kenyan judge upholds use of anal probes to determine sexual orientation

Published 16/06/2016

Engaging in gay sex is a criminal offence in Kenya
Engaging in gay sex is a criminal offence in Kenya

A Kenyan court has upheld the use of anal examinations to determine a suspect's sexual orientation.

Mombasa High Court Judge Mathew Emukule said he found no violation of rights or the law and dismissed the petition.

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.

In their petition, they 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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