Two unidentified Kenyan men who legally challenged an anal test ordered by the police to prove whether they are homosexuals had their cases recently squashed by a Kenyan High Court.
The men are challenging the controversial law, after being forced to undergo anal tests themselves to determine if they had anal sex.
Last week, High Court Judge Mathew Emukule ruled that “there was no other way evidence regarding their sexuality could have been obtained.” According to the judge, claims of sexual discrimination and torture by the two Kenyan men had no basis.
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“I find no violation of human dignity, right to privacy, and right to freedom of the petitioners,” Emukule said.
The court order by the Kenyan court left many pro-gay activists reportedly stunned as Executive Director of the Kenyan National Gay and Lesbian Human Rights Commission Eric Gitari recounted sitting in court and holding his chin in disbelief.
The said court order brings to light the homophobic environment the LGBT community faces in Kenya, where persons suspected of indulging in same-sex relations risk facing up to 14 years in prison, seven years for attempting to engage in such a relation, and five years for committing gross indecency.
According to the Human Rights Watch, the sexual minority group has experienced heightened forms of violence and mob killings since 2008.
The situation has also seen police officers tasked with the duty of protecting civilians openly .
During an interview with the Thomson Reuters Foundation, Coast Regional Commander Francis Waabjohi argued that the police was under no obligation to protect the Kenyan LGBT community from violence.
“Police are meant to protect everybody, and that is what we do. When we receive any report, we must investigate,” Wanjohi said. “That is our job…but again, you do not expect to be protected when you engage in criminal and unacceptable behavior.”
