Judge in Trouble Over Anal Examination on Men

The Chief Magistrate of Kwale Law Courts has been sued by two men for ordering an anal examination and HIV test carried out on them to prove their sexual orientation.

In the suit filed by the National Gay and Lesbian Human Rights Commission (NGLHRC), the two also included Msambweni DCIO alongside the Magistrate.

According to the petition, the men were allegedly arrested at their homes in Ukunda, after they were suspected of being gay and held in custody for four days at Msambweni Police Station.

The police are said to have later taken them to the Coast General Hospital, where their “constitutional rights were violated” by testing them for HIV, Hepatitis B and other examinations without their will.

According to NGLHRC Executive Director , Eric Gitari, the tests were aimed to determine whether the two men had engaged in sexual acts, which he said was against the Kenyan Constitution.

"They were forced to strip naked, lie facing upwards, lift legs into the air and cough while doctors inserted metallic objects up their rectum,” read the petition.

Mr Gitari sought to have the court declare forced medical examination a violation of one's constitutional rights and human dignity.

In July, US President Barack Obama and President Uhuru Kenyatta issued a warning against witch-hunt on homosexuals, stating that all Kenyans had a right to protection under the law. 

However, homosexuality in Kenya still remains illegal under the current constitution.

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