Mombasa, KENYA: A Mombasa high court will on Thursday determine whether it is constitutional to carry out anal tests to persons suspected to be gay.
Two men alleged to be gay filed a petition in Mombasa high court seeking to have evidence acquired by the prosecution thrown out of the case, as 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.
Their advocate Ligunya Sande earlier told judge Anyara Emukule that the court is tasked to consider the position under international, regional and domestic human rights law, with focus to Kenya’s jurisprudence, regarding medical examination and HIV test performed without suspects consent.
The two sued, Principal Magistrate Ukunda law courts, DCIO Msambweni, director of public prosecution and the Cabinet Secretary Ministry of Health; alleging that the Magistrate aided the DCIO in his criminal investigations which they say constitute to an outright act of inhuman treatment.
They seek the court to the declare the manner in which the evidence was acquired unconstitutional.
The two were arrested at a public bar in Ukunda on February, 2015 by eight police officers including the OCS.
This is after they explained to them they were investigating issues related to gay liaisons; in particular production of pornographic movies and were informed that the suspects were suspected gay male adults.