A High Court decision that allowed authorities to perform forced anal exams on people who are accused of being in same-sex relations in Kenya has been overturned after it was found unconstitutional and unlawful.
Currently, it is against the law to engage in same-sex relations in the East African country and conviction can result in up to 14 years in prison. However, anal examinations were found by the appeals court to be in conflict with a 2010 ruling by the country that enforced safeguards and the right of all Kenyans to live with dignity in privacy.
The National Gay and Lesbian Human Rights Commission who filed the challenge told the court that, “Forced anal examinations are a form of cruel, degrading, and inhuman treatment that can rise to the level of torture”.
Last month the High Court began hearing a constitutional challenge to sections of the Kenyan Penal Code that criminalise consensual same-sex relations.