Two Kenyan homosexuals won on Thursday after the Court of Appeal overturned a ruling which required them to undergo an anal test.
The two members of the Lesbian and Gay community found themselves in a tight spot after the Director of Public Prosecutions requested the High Court to grant them permission to ascertain whether the accused persons engaged in sexual activities.
However, in his ruling Judge Alnashir Visram dismissed the High court's decision terming it as unconstitutional and a violation of human rights.
"The evidence cannot be allowed. I, therefore, allow the appeal and set aside the High court decision," Judge Visram stated.
[caption caption="The flag that represents the LGBT community"]
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Caleb Omar Idris and George Maina Njeri registered their displeasure at the Court of Appeal where they challenged the legality of the examinations.
The duo claimed that they were forcibly subjected to an anal examination by police and doctors at Msambweni District hospital four years ago.
Judge Visram condemned the police and doctors for their actions and maintained that the manner in which the evidence had been collected from them amounted to rape.
The two men were charged at the Kwale magistrates court with engaging in homosexuality in 2016 and the police sought to have them undergo the test in order to get evidence.
They had moved to the Mombasa High Court to contest the production of the results as evidence but Judge Anyara Emukhule dismissed the application and allowed the test to proceed.
[caption caption="A man waving the LGBT community"]
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Judge Anyara stated that he allowed the examination since the procedure used to obtain evidence from the suspects was lawful and within the confines of the Constitution.
