Kenya: Two men sue State for forced HIV testing and anal examination

The National Gay and Lesbian Human Rights Commission have helped two men who were forced to undergo anal exams and testing to sue Chief Magistrate of Kwale Law Courts and DCIO, Msambweni Police Station, under whose direction the testing was done. The two men were tested at the Coast General Hospital, Mombasa, for " H.I.V., Hepatitis B and other blood works" without their consent, while undergoing police investigations.

"The forced blood testing and anal testing sought to establish whether the two male adults might have engaged in consensual adult carnal knowledge against the order of nature at the privacy of their residences in Ukunda."

According to the petition, the victims were allegedly arrested on suspicion of being gay and remanded by police at Msambweni for four days. They claimed police escorted them to the hospital where "they were forced to strip naked, lie facing upwards, lift legs into the air and cough while doctors inserted metallic objects up their rectum".

Gitari wants the court to declare that forced anal examination violates human dignity and has a "disparate impact on sexual minorities". He said the court should also declare forced medical exam a violation of the human and constitutional rights of the petitioners. Read more via the Star