Today, a Court of Appeals in Kenya, led by a 5 judge bench, ruled that forced anal examinations are contrary to the law.
Forced anal examinations have largely been used to “prove” whether or not a man is homosexual in countries where homosexuality is criminalised. This practice has been decried by organisations across the globe as dehumanising and as amounting to torture, not to mention being discredited by the scientific community as holding no value as proof.
The case came to the courts after two suspected gay men were arrested in 2015 and both forced to undergo anal examinations and HIV tests, in order to determine if they had engaged in consensual intercourse.
The men were represented by the National Gay and Lesbian Human Rights Commission (NGLHRC) in Kenya, a leading LGBTIQ organization providing pro bono legal services to many in the community.
Njeri Gateru, Head of Legal Affairs, said: “We are thankful that the Appeal Court has put Kenyan citizens’ rights first. With this ruling, the judges are saying that we all deserve to be treated with dignity and afforded our basic rights, as enshrined in the Kenyan Constitution.”
Currently, under Kenya’s Penal Code, same-sex behaviour is criminalised, with a penalty of up to 14 years in prison. Currently, Kenya’s High Court is considering a separate case that could decriminalise homosexuality, the next court hearing will be on April 26.
While this is good news for Kenya, other countries continue to implement this practice. With ongoing and increasing crackdowns on LGBT+ people, reportedly both Egyptian and Tanzanian authorities have forced alleged gay men to undergo anal exams.
Jessica Stern, Executive Director, OutRight Action International, said: “Forced anal examinations amount to torture, and no one should ever be exposed to such a degrading and dehumanising experience. The Kenyan Courts ruled in favour of international law and in favour of human dignity. Other countries should follow suit and put an end to this discredited practice.”
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