The High Court sitting in Mombasa has dismissed a petition filed by two gays who were nabbed by police in a public bar in Ukunda, Diani challenging the legality of anal tests as proof of homosexuality.
They had argued that they were subjected to torture, cruelty and inhumane acts by being forced to undergo the tests.
The duo, say police forced them to undergo the procedure to prove they had engaged in gay sex hence file the case calling for the tests to be declared unconstitutional.
On Thursday, Justice Mathew Emukule said there were grounds in the Constitution that allow for such testing.
"Homosexual acts are illegal in Kenya, punishable by up to 14 years in prison, and there are enough grounds based within the law for the tests to be carried out," read Emukule.