Article 2 of the Constitution of Kenya provides, in paragraph (5) that "the general rules of international law shall form part of the law of Kenya" and, in paragraph (6), that "[a]ny treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution".In paragraph (4), the constitution states, "[a]ny law, including customary law, that is inconsistent with [the] Constitution is void to the extent of the inconsistency, and any act or omission in contravention of [the] Constitution is invalid." A subsequent section of this Wikipedia article lists Kenya's obligations under international law and treaties concerning LGBTI rights.
Article 27(4) of the Constitution of Kenya 2010 provides that the "state shall not discriminate directly or indirectly on any ground, including [listed characteristics]", while Article 27(5) states that persons shall not discriminate on any of the grounds "specified or contemplated in clause (4)".
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Closely related to this, is a cartel of corrupt police officials who routinely extort and blackmail LGBTI persons with the threat of arrest and imprisonment if they do not give those bribes. LGBTI sex workers, mostly MSMs [men who have sex with men] are often asked for bribes and sexual favours by male police officers in exchange for their freedom and security. Those who fail to give bribes or sexual favours are charged with tramped up charges and sometimes raped by state security officers.
which took effect 27 August 2010, does not expressly protect the rights of LGBTI persons because, according to the experts who drafted the constitution, a majority of Kenyans would have rejected the constitution in the referendum to adopt it.
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Nevertheless, many argue that Kenya's statutes discriminating against LGBTI persons are unconstitutional and void because of the constitution's broad protection of civil and human rights.