A Mombasa Law Court will on Thursday rule whether it is constitutional to carry out anal tests to people suspected of being gay.
Two men, who were arrested in a public bar in Ukunda on February, 2015, over allegations of being gay, filed a petition seeking to have the evidence acquired by police thrown out of court.
The two said the evidence was obtained unwillingly and through inhumane acts.
"We were forced to undergo anal tests, HIV and Hepatitis B tests, which led us to being subjected to cruelty, torture and untold suffering,” read part of their petition.
The suspects' lawyer, Ligunya Sande, had earlier asked Presiding Judge Anyara Emukule to consider the position under international, regional and domestic human rights laws.
The two want the court to declare the manner in which the evidence was acquired unconstitutional.