Kenya is not known for being particularly progressive. It has now become even more regressive after the High Court ruled that "anal probe torture" is legal and a perfectly "reasonable" way to prove the crime of homosexuality.

 

Mathew Emukule, the Mombasa High Court judge, issued his decision yesterday. He was presiding over a case in which the plaintiffs argued "anal probe torture" was illegal. However, the judge said such acts did not violate the Kenyan constitution or International law.

 

"I find no violation of human dignity, right to privacy and right to freedom of the petitioners," he argued.

 

The case was initiated by two men who had been arrested in 2015 for suspicion of homosexual acts. If found guilty, they face 14 years in jail. However, without witnesses, an anal probe is considered an effective way to determine one's sexuality.

 

During the probe, the anal cavity is tested for sperm; a photo is also taken to determine the shape of the hole. The wider the hole, the more likely it has been used sexually.

 

"I was absolutely devastated and shocked," said Eric Gitari, director of the National Gay and Lesbian Human Rights Commission, in response to the judgement. "It was very unexpected. I had presumed, with faith and belief, the High Court would deliver a very robust upholding of the constitution."

 

He accused the judge of not following the law, but making a decision based on his own homophobia.

 

"Right now if anyone is rumored to be gay, anyone can inform the police and that person can be forced to be anally tested. If they refuse to go to anal testing, then they will be forced,’ Gitari explained. "Every person who is believed to be gay is vulnerable to blackmail and extortion. It’s an open field for discrimination."

 

Quick, someone accuse the judge of being gay. We'll see how quickly he changes his tune when faced with a forced anal probe of his own!

 

Kenya court rules that anal probe ‘gay tests’ are legal [PinkNews]

 

Kenyan court rules anal exams to test sexual orientation are legal [The Washington Post]