Following the forced anal examination of two men in Kenya, Chief Magistrate and Police Department will be facing a court hearing.
Two men are set to sue the Chief Magistrate of Kwale Law Courts and DCIO, Msambweni Police Station for approving the involuntary examinations which stripped two men of their dignity. Anal probing was carried out on two men in Kenya while in the custody of police in order to determine whether the men were homosexual.
In addition to the involuntary examination performed, the men also had bloods taken to test for HIV, Hepatitis B and other tests to ‘prove’ their homosexuality. Sanctioned by police, these tests were carried out by two doctors in Mombassa Coast General Hospital in February of last year.
Director of The National Gay and Lesbian Human Rights Commission, Eric Gitari, contends that the forced examination contravenes the rights of the two men: “The manner in which the procedures took place was non-consensual, degrading and therefore unconstitutional and a violation of their constitutionally guaranteed rights.”
Homosexuality is currently illegal in Kenya. The country’s deputy president has declared “The Republic of Kenya is a republic that worships God. We have no room for gays and those others.” This sentiment is fuelled by Kenyan law which decrees that adults engaging in consensual same-sex relations can face up to fourteen years in prison.
While Kenya is is considered socially conservative, Google statistics tell a different story. We previously reported on Kenya topping the list of searches for ‘gay porn’ according to Google, as well as prominent author Binyavanga Wainaina’s public coming out. Hopefully Kenyan public sentiment will catch up with people’s private searching habits, and legislation will follow suit.
What do you think of the legal situation for the LGBT community in Kenya? Would you risk prison to visit the country, knowing their laws on same-sex relations?
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