Anal Exams:Court To Decide Constitutionality

[Kim Jong-Un's Pajama Pants]

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Is it constitutional to probe the anus of a suspected homosexual?

Men who were forced to undergo anal examinations in order to prove whether or not they engaged in gay sex will have their case heard in a Kenyan court this week, as they fight to make these kinds of tests unconstitutional in the East African country.

The anal exams occurred in February 2015 near Mombasa, where local hospital staff performed the tests on two men at the request of authorities. The legal filings were submitted last fall, and the case opened in a Mombasa court on Wednesday morning.

In addition to asking the judge to find the anal exams unconstitutional, the plaintiffs also request that the acts be deemed as "amounts to degrading treatment" and "a violation of the human and constitutional rights."

The Nairobi-based National Gay and Lesbian Human Rights Commission (NGLHC) has made the case a priority, filing the initial lawsuit against a judge and police station in the small coastal town of Msambweni, where the pair was arrested. NGLHC has claimed officials ordered the testing during an ongoing trial against the defendants who face charges under the country's anti-gay laws including "unnatural offenses" and trafficking "obscene material." The suit was filed with the aim of stalling the legal proceedings against the men.

https://news.vice.com/article/a-court-in-kenya-will-decide-if-anal-exams-to-determine-sexuality-are-unconstitutional

[Georgesoros]

This is more about a govt that is out of control than "anal" searches. Those who think that its alright to do it to gays better think again.  If they "anally" search people, what makes you think that they won't come into your home in the middle of the night to rape you. A govt should be for the people not against them. If you think it can't happen look back to 2007.

[MOON Ki]

Butt inspections to detect er, em ... ?  I don't know which is more astonishing---that this sort of thing goes on, today, in Kenya, or  that there are coppers (or their delegates) who are keen enough to do it.

[Omollo]

I wish they would use the energy to send Okemo and Gichuru to Jersey as fast as they are sending the Taiwanese to China. Did Uhuru observe the examination?

[Kim Jong-Un's Pajama Pants]

I wish they would use the energy to send Okemo and Gichuru to Jersey as fast as they are sending the Taiwanese to China. Did Uhuru observe the examination?

His company pleaded guilty to money laundering.  Jersey offered to repatriate millions of USD to Kenya.  Not a peep on the matter from the mortician. 

Is there any law against gay sex in Kenya?

[MOON Ki]

Is there any law against gay sex in Kenya?

Good question.   There is a part of the law that is concerned with "carnal knowledge against the natural order", but it does not specify gender.   A second part deals with a man or woman  being at the receiving end of such "knowledge" from a man.    And a third part  deals specifically with man-to-man, but it is limited to "gross indecency" and says nothing about said "knowledge"".

On the case at hand: Part 2 of the constitution suggests that the accused have a very strong legal case.   It will be interesting to see how the courts rule on that. 

[Kim Jong-Un's Pajama Pants]

Is there any law against gay sex in Kenya?

Good question.   There is a part of the law that is concerned with "carnal knowledge against the natural order", but it does not specify gender.   A second part deals with a man or woman  being at the receiving end of such "knowledge" from a man.    And a third part  deals specifically with man-to-man, but it is limited to "gross indecency" and says nothing about said "knowledge"".

On the case at hand: Part 2 of the constitution suggests that the accused have a very strong legal case.   It will be interesting to see how the courts rule on that. 

It looks like what is natural or unnatural(supernatural?) is left to the discretion of the judge.  The architects of the law were not daring enough to put a name to whatever it is they are legislating against.  It seems like a judge can use it against anything he doesn't feel is cool with nature.

A judge may lock you up, if you whip your wife with it because it's not a whip, not to mention assault.  Another one may lock you up if you put it inside your wife's mouth.  They may need to probe said wife's mouth for that.

There is  paralyzing stupidity on many levels in this saga.

[Simanova]

Mombasa high court has dismisses a petition by 2 Kenyans challenging the constitutionality of forced anal tests for men suspected to be gay.

[Simanova]

The High Court in Mombasa has thrown out a constitutional case challenging the legality of anal tests as proof of gay sex.

Judge Mathew Emukule said there was sufficient grounds in law for intrusion into the human anatomy to gather medical evidence of a crime, including rape and sodomy.

He said the anal tests were therefore permissible and the two men who brought the case had given their consent for the tests.

The judge dismissed the argument that they were sexually discriminated against.

The two men alleged they were also made to take tests for HIV and hepatitis following their arrest in February 2015 on suspicion of homosexual activity.

Homosexual acts are illegal in Kenya, and punishable by up to 14 years in prison.

http://www.the-star.co.ke/news/2016/06/16/mombasa-court-okays-anal-tests-as-proof-of-gay-sex-says-petitioners_c1370586?platform=hootsuite

[MOON Ki]

Whenever I read or listen to news in the Kenyan media, or talk to people "on the ground", I get the impression that the "authorities" in Kenya have no shortage of real crimes to deal with.   Sometimes the claim is that there are not enough resources.   But here we are: people worked up about what consenting adults are doing to each other in private, coppers inspecting butt-holes, High Court delving deeply into the matter .....

[Georgesoros]

The prosecutor should have withdrawn this case and deal with real issues. I agree with you. Even the magistrate is biased to allow govt into people butts. What next ??

[Kadudu]

The funny thing with gays there those who do to to the butts and those who give their butts.
Now by examing the butts of the doers, nothing will be found. So the whole thing is just a big joke.

The prosecutor should have withdrawn this case and deal with real issues. I agree with you. Even the magistrate is biased to allow govt into people butts. What next ??

[RV Pundit]

Unless they are versatile. You do me. I do you. But clearly this is just wrong. Invasion of privacy.

The funny thing with gays there those who do to to the butts and those who give their butts.
Now by examing the butts of the doers, nothing will be found. So the whole thing is just a big joke.

[Simanova]

This is the second time in two years or so I see the Judiciary grant a prayer the Prosecution or the Respondents did not believe they had a chance. I recall the Yusuf Hajji case where he appealed the County Commissioners judgement (allow me to stupidly cite). The AG had even advised against an appeal. Hajji won.

I think there is a hidden religious fanatical clique in the judiciary. This is one case that needs to be appealed.

You can get any guy, say Njamlik and allege that he is gay. That will give the police the right to send him to the nearest health centre and have Njamlik bend over for the clinical officer (nothing says it has to be a doctor) and sticks inserted to take samples.

[Georgesoros]

Absolutely agree with you. There is clear bias.

This is the second time in two years or so I see the Judiciary grant a prayer the Prosecution or the Respondents did not believe they had a chance. I recall the Yusuf Hajji case where he appealed the County Commissioners judgement (allow me to stupidly cite). The AG had even advised against an appeal. Hajji won.

I think there is a hidden religious fanatical clique in the judiciary. This is one case that needs to be appealed.

You can get any guy, say Njamlik and allege that he is gay. That will give the police the right to send him to the nearest health centre and have Njamlik bend over for the clinical officer (nothing says it has to be a doctor) and sticks inserted to take samples.