Judge: Kenya Can Use Anal Probes to Determine Homosexuality Being gay is punishable by prison time in the African country By Newser Editors and Wire Services Posted Jun 16, 2016 12:46 PM CDT 138 comments Comments Kenyan gays and lesbians and others supporting their cause wear masks to preserve their anonymity as they stage a rare protest in 2014. (Ben Curtis) (Newser) – A Kenyan court on Thursday upheld the use of anal examinations to determine a suspect's sexual orientation, dismissing the argument that the procedure amounts to torture and degrading treatment, the AP reports. "I find no violation of human dignity, right to privacy, and right to freedom of the petitioners," Mombasa High Court Judge Mathew Emukule said. 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 in February 2015 on suspicion of engaging in gay sex, which is a criminal offense in Kenya. They still face the charges and, if convicted, could face 14 years in jail. In their petition, the men said the anal examinations and HIV and hepatitis B tests they were forced to have amounted to being subjected to torture and degrading treatment. The judge said the petitioners should have used their lawyers to seek injunction orders to avoid undergoing the tests. "It's so painful when we are trying to encourage the gay community to go to court to affirm their rights; the courts are instead affirming violation of their rights," said Eric Gitari, the executive director of the Kenyan National Gay and Lesbian Human Rights Commission. The court judgment means that someone can be arrested on a rumor that they are gay and subjected to these tests, he said. "Do we want to use the nation's scarce resources on this?"