Africa

Kenya: Judge upholds use of anal probes to define sexuality

FILE - In this Monday, Feb. 10, 2014 file photo, Kenyan gays and lesbians and others supporting their cause wear masks to preserve their anonymity and one holds out a wrapped condom, as they stage a rare protest, against Uganda's increasingly tough stance against homosexuality and in solidarity with their counterparts there, outside the Uganda High Commission in Nairobi, Kenya. A Kenyan judge on Thursday, June 16, 2016 has upheld the use of enforced anal examinations to determine a suspect's sexual orientation, saying he found no violation of rights or the law and dismissed the petition by two men who were subjected to the procedures. (AP Photo/Ben Curtis, File)

FILE - In this Monday, Feb. 10, 2014 file photo, Kenyan gays and lesbians and others supporting their cause wear masks to preserve their anonymity and one holds out a wrapped condom, as they stage a rare protest, against Uganda's increasingly tough stance against homosexuality and in solidarity with their counterparts there, outside the Uganda High Commission in Nairobi, Kenya. A Kenyan judge on Thursday, June 16, 2016 has upheld the use of enforced anal examinations to determine a suspect's sexual orientation, saying he found no violation of rights or the law and dismissed the petition by two men who were subjected to the procedures. (AP Photo/Ben Curtis, File)  (The Associated Press)

A Kenyan court has upheld the use of anal examinations to determine a suspect's sexual orientation.

Mombasa High Court Judge Mathew Emukule said Thursday he found no violation of rights or the law and dismissed the petition.

Two men had sought a court ruling to stop enforced anal examinations and HIV tests of men accused of being gay after they were subjected to the procedures.

The two were arrested in a bar near Ukunda along Kenya's Indian Ocean coast in February 2015 on suspicion of engaging in gay sex, which is a criminal offense in Kenya.

In their petition, they said the anal examinations and HIV and hepatitis B tests they were forced to have amounted to being subjected to torture and degrading treatment.