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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.
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I have said this before and will repeat it again, hopefully for the last time.
We are mentally and physically a conquered people. we must be careful not to favor one state of being conquered to another. The European and Arabs illegal immigration into our ancestral lands brought to us some alien ideas that did not exist before their arrival. I will use my own micro-nation as an example: We did not have in our cultures the following constructs:
1. Sex before marriage and no sex before male circumcision.
2. Adultery.
3. Pregnancy before marriage.
4. Illegitimate children.
5. Homosexuality.
6. Belief in life after death or hell!
7. Thieves, murderers, and con-artists - Matapeli
8. If you were caught lying, you were not allowed to speak in public
9. Blind and brainwashed followers of the religions that are based on the Sons of Mariam or Aisha. That means that my micro-nation did not believe in the current decadent and irrational christianity or islamic religions. Just a reminder, these two religions ordained the selling of our African brothers and sisters in slavery. The descendants of Africans whose ancestors were sold in alien lands as slaves are still being discriminated and treated as sub-humans in 2018.
10. Lazy and unemployed people.
11. Beggars.
12. Parents who sired many children as pigs but unable to feed or provide shelter for them.
13. HIV aids, heart attacks, diabetes, and obesity
14. Consumption of sugars, salts, coffee, tea, cocoa, bread, candy, hard liquor and wine consumption.
15. Forcing your neighbors of a different micro-nation speak your language and observe your belief system and culture.
16. Wigs, artificial teeth, and transforming your skin color to look European.
17. Jails.
18. Cocaine.
19. Marijuana or bang
20. Heroine.
21. cigarette smoking.
22. Drug addicts.
23. Killings members of your own micro-nation.
24. Cremation or tombstones for the dead
25. Going to the cemetery to visit tombstones
26. Birthdays, Halloween.
27. Marrying a member of your father's or mother's clan.
28. Brothers and sisters having sex.
29. A father having sex with the daughter and possibly impregnating her.
30. Oral or anal sex.
31. Jealous feelings and swindling your immediate family members.
32. One micro-nation dominating another one.
In 2018, my micro-nation has been completely conquered and subdued. My ancestral language is now on the list of languages likely to be extinct in the next 50 years.
It is wrong for us to pick and choose what construct we can use in order to discriminate the people who have chosen one that is different from us.
If you have chosen any one of the above constructs, you are not in a position to politicize or criticize anyone who has chosen a different one from yours. If you choose to be a christian or a muslim, have the courage to remain silent and not attack those who chose a different item from yours.
Conclusion: The coming of our Arab and European brothers and sisters was not a blessing but a curse. Let us discard all the above constructs from their cultures and borrow from all over the world only one item - "APPROPRIATE TECHNOLOGY" that will make our lives much more comfortable than our lack-of-modern technology approach that makes our lives a challenge on a daily basis.
Imara, that's an excellent compendium of what used to be of the african culture.As you know culture is away of life. The way a society decides to live. Its mores, ethics, and culture are all social construct.I lament the inability of africans holding their own,and instead aping the WEST.
As I have said numerous times on this forum, I follow what SCIENCE says,or discovers about mankind.Most of our social behaviour is learned.In fact all.We do not operate on instinct. We can "unlearn" all those foreign habits we have aped.With respect to homosexuality, I till ask-why would any one chose to be a homosexual against all the negative consequences that follow.?My religion SCIENCE tells me that in all human societies, that has existed about 10% of homosexual.I take it that this includes african societies before mzungu stepped on african soil.
We certainly should embrace technology that would make our lives easier,and hopefully comfortable. But there is no reason to abandon our music, food, dating ,mating, clothing,unless SCIENCE says so;in favor of the foreign substitute.
From homorectus we became homosaepien and hopefully from homosapien, when we are fully homotechnoticus,we shall have found out how to live in harmony.
Good job mr judge.Ushetani ushoga ulagae ulesbian gaysm beastiality n sodomy pple should b given visas to move to United state of Sidon n gormolla n other European countries where such evil spirits r legally worshiped n entertained.
Why are you so scared of gay people but not the thieves who plunder national resources leading to thousands seeking medical care outside the country?
Haa the DPP ever requested for boot tests of ABOVE THE LAW,Kirubi and his two male "WIVES" who he has included in his will?
@Mkenya Halisi. There are areas where we differ (politically) but there are also areas where we totally agree with one another's stand, especially religion. We all (regardless of your micro-nation) had our indigenous religions and names. You are still a slave if you still worship a foreign religion or have their names as part of your identity.
When you have a foreign religion, names, and speak your conqueror's language with your immediate family, you are nothing but a " high tech slave." You should be "Miguna Migunard" and deported to the country that you have chosen to worship their names, languages, religions, and cultures.
The ultimate irony of it all is that your message is shared widely via tools developed by the "oppressor". What are you struggling to say?
Hi wangwan people... these is the kind of heated forum I live to becjnn and see all you brilliant minds share your brilliant mind opinion... but @nani u made me think twice ... coz I (we) should keep lugha ya taifa Swahili in all responses.
Kweli hapo umetuweza kabisa.. @ maxilery you brilliant
Ndugu Maxiley:
Languages are mirrors to the culture of the society. The word "snow" will not exist in cultures where it does not snow. The word "homosexual" is not universal. Many cultures around the world don't have a word for it because it does not exist. It is also true that when human beings come in contact with one another, osmosis takes place. Some people are quick to adopt to the demands of the conquering cultures. For example, the French eat snails (escargot). I know of one Kenyan woman who went to France and ate them. She reported that they were a real treat and were very tasty. As far as I am concerned, I would rather die than eat snails!
In his book "The Human Zoo," Desmond Morris points out that when artificial conditions are created among human beings, strange behaviors tend to occur especially when many men are caged together in very close proximity like in our current jails.
Our boarding schools are an excellent example of what I am trying to describe. Very strange behaviors have been reported in boarding schools.
I went to Jamhuri in Nairobi,so I never experienced boarding life,but Iwould not be surprised.I remember reading that the girls school Opra started in south africa was rife with homosexuality.. So by way of extension, It very possible samething is happening in Kenya in both male and female boarding schools.
Ndugu Imara, before we developed from the "ape stage" to where we are not, homesapiens,our ancestors"the ape" had to smell pheromones on the female in order to propagate...have sex.When our females stopped sending the pheromone signal, we had to find a way to still continue to multiply.Without pheromones, some male apes got confused,and thus started the homosexual behavior.So I still go by what my religion SCIENCE tells me.And that is there has always existed a 10% of homosexuality in every human society.Actually is not much.Meaning the other 90% are heterosexual.And will always be.Till science tells me otherwise, I will respectfully take this position.By the way, Iam very heterosexual.My approach to this subject is purely"scientific".
Kizungu mingi ya nini.Magaysm,malesbinism,sodomy,umalaya wa Sina yeyote sio uafrica was brot there by the same wazungu we worship praise n want to die in their saviours country’s we want to live n educated our kids at thinking its beta that home in Africa.Here in Kenya we jail them for 10 yrs according to our law n the foreigners have to respect that?In their countries(west) they love them worship the behaviour stating ones is born with it or have rights to do what u want we will respect n obey their law when we go there too???Hapa jamhuri the society will burn u or get rid of u if they know u have bin infected by this stinking behaviours n we should respect the society too
With so many
SHITholes in Mombasa, Alnashir Visram could be one of them; their Comrade.