Kenya Appeals Court Declares Forced Anal Test on Homosexuals Unconstitutional

The Court of Appeal of Kenya has declared forced anal tests on homosexuals as unconstitutional. On Thursday, the second highest court in the land quashed the ruling by the High Court, which had granted permission for anal tests to be carried out on two members of the Lesbian and Gay community.

The tests, which had been requested by the office of the Director of Public Prosecution (DPP), was to establish whether the two accused persons had engaged in sexual activities.

However, Justice Alnashir Visram reversed the decision by the lower court, declaring it unconstitutional and a violation of human rights.

"The evidence cannot be allowed. I, therefore, allow the appeal and set aside the High court decision," Visram said in his judgement.

Caleb Omar Idris and George Maina Njeri were in 2016 charged at the Kwale magistrates court with engaging in homosexuality. To prove that the duo engaged in gay sex, the prosecution sought to have an anal test done on them.

The two moved to the Mombasa High court to challenge the decision, but Judge Anyara Emukhule (Rtd) dismissed their application and allowed the test to proceed.

However, the two appealed the decision by the High Court, where they argued that carrying out of the tests would be a violation of their rights.