lawThe year is 2016 and Kenyan police now have the right to carry out anal tests on suspected homosexuals.

The High Court in Mombasa has dismissed a petition by two suspected homosexuals challenging the constitutionality of undergoing an anal examination as proof of being gay.

Mr Caleb Idris and Mr George Maina Njeri, had gone to court seeking dismissal of evidence the prosecution had obtained from them. They claimed it was acquired illegally.

Through lawyer Ligunya Sande, the two said they were forced to undergo an anal examination, which they said subjected them to torture, cruel and degrading treatment.

High court judge Justice Anyara Emukule dismissed the petition on grounds that it had no merit since the petitioners had consented to the test.

“The medical examination of the petitioners and the taking of samples was in accord with the applicable law, I find no violation of the petitioner’s’ rights as contended in the petition, it therefore has no merit and dismissed,” Justice Emukule ruled.

“The record of proceedings is instructive that the petitioners did not object nor did they protest the test. It is clear to me that the petitioners willingly and voluntarily consented the medical examination,” he added.

Additional reporting by Nairobi News