Kenya court outlaws forced anal exams in landmark victory for gay rights

Deutsche Welle Published 9:26 p.m. ET March 22, 2018 | Updated 9:41 p.m. ET March 22, 2018

Kenya's Court of Appeal on Thursday ruled that the use of forced anal exams used to determine whether gay men engaged in sex is illegal.

The National Gay and Lesbian Human Rights Commission (NGLHRC) took the case to court after two men were arrested in 2015 on suspicion of having sex.

According to the men, authorities forced them to undergo anal examinations by hospital staff and security personnel. They also said authorities forced them to submit to HIV tests.

The NGLHRC argued the tests violated the men's constitutional rights. A Kenyan court in 2016 ruled that such tests were constitutional and, as such, within the scope of use for authorities. Thursday's ruling overturned that decision.

"The ruling is a tremendous step not only in upholding the dignity of homosexuals who'd been subjected to the indignities of anal examinations but also to the rule of law in Kenya," said Eric Gitari, who heads the NGLHRC.

In Kenya, same-sex sexual activity is outlawed and punishable by 14 years in jail. Before Thursday's ruling, Kenya was one of eight countries that allowed forced anal exams.

The others are Cameroon, Egypt, Lebanon, Tunisia, Turkmenistan, Uganda and Zambia, according to Human Rights Watch.

"The violating examinations, which include being made to lie with legs up in a humiliating position and having instruments forced into your rectum, are widely accepted to have no medical merit," said NGLHRC.

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) has put Kenya on its list of countries that sponsor homophobia through its national laws and policy. The NGLHRC has also challenged Kenya's laws targeting homosexuality.

This article was originally published on DW.com. Its content is created separately from USA TODAY.

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