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Article 10(2)(b) of the Constitution of Kenya provides that, "The national values and principles of governance include ...human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised...." Concerning this provision, "Right there, there is a firm basis [for] one to argue against the violation of their [LGBTI persons'] dignity ...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.
It is currently unclear as to whether these rulings constitute substantive law on the issue of changing legal gender.
Kenyan society is highly conservative, and a large majority of people hold negative views of LGBT people.
Homosexuality is "largely considered to be taboo and repugnant to [the] cultural values and morality" of Kenya.
The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010.
There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Transgender people have historically suffered discrimination, and there are no statutory provisions relating to transgender rights.
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".