Kenya’s ‘gay tests’ ruled legal

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Several gay Kenyans have been prosecuted in the past few years

A Kenyan High Court has dismissed a case challenging the legality of anal tests as proof of homosexuality.

Two men, who say Kenyan police forced them to undergo the procedure to prove they had had gay sex, launched the case, calling for the tests to be declared unconstitutional.

Judge Mathew Emukule, in the coastal city Mombasa, said there were grounds in Kenyan law for the testing.

Homosexual acts are illegal in Kenya, punishable by up to 14 years in prison.

The judge dismissed claims by the two men that they were sexually discriminated against.

Their lawyer confirmed that they will appeal against the decision.

A recent investigation by the rights group Human Rights Watch (HRW) found that many lesbian, gay, bisexual and transgender (LGBT) people have “daily safety concerns”.

Their report, written with local rights group Persons Marginalised and Aggrieved (Pema) Kenya, details six incidents since 2008 where they say LGBT people were threatened near Mombasa.

The group added that in most cases the police did protect the LGBT people, but it alleges that the perpetrators were not arrested.

Kenya’s ‘gay tests’ ruled legal

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