A gay rights activist, who is due in court in May, claims he was denied access to his tuberculosis and HIV medication.
Sentences of 14 years can be issued for those convicted of same-sex sexual activity.
Mr Kasonkomona alleges police delayed access to his medication and that the actions put his life at risk.
His lawyers are suing for unlawful detention as he was kept in police cells for more than 48 hours before being charged.
He is also demanding damages for mental distress and injury.
Earlier this month, human rights group Friends of RAINKA warned of a “frightening increase” in homophobic persecution in Zambia.
They said it had been fuelled by the recent comments of Chief Madzimawe of the Ngoni, who said: “It is not a culture of Zambians, Africans and Ngonis to practise homosexuality and gay people should be caged.”