A Kenyan appeals court ruled this Thursday (22/03) that forced anal exams to verify men's homosexuality were illegal. A previous court decision, which approved the procedure, was considered unconstitutional and against human rights, said the court in the city of Mombasa. Last year, the Medical Association of Kenya – a country where homosexuality is a crime by law – condemned the testing. Defenders of homosexual rights celebrated the decision against the measure, which they considered a practice of torture. “The decision is a huge step forward not only in preserving the dignity of homosexuals who were subjected to undignified anal exams, but also the rule of law in Kenya,” said Eric Gitari, director of the National Gay and Lesbian Human Rights Commission. “The violative examinations, which included lying [the suspects] with their legs up in a humiliating position and forcing instruments into the rectum, are widely recognized as having no medical merit,” the Commission said in a statement. The entity represented two men who were arrested in 2015 on suspicion of being homosexual and who were subjected to anal examinations, in addition to forced HIV tests. Human rights watchdog Human Rights Watch said Kenya is just one of at least eight countries that have carried out forced anal exams since 2010, along with Cameroon, Egypt, Lebanon, Tunisia, Turkmenistan, Uganda and Zambia. Gitari believes that the Kenyan court's decision should also have an impact on these countries. In Kenya, homosexual sexual relations can be punished by up to 14 years in prison. The gay, lesbian and transgender communities in the East African country report abuse, in some cases involving acts of violence. Gay people are often rejected by their families and communities and face discrimination when trying to find work or rent a property.
