a felony and is liable to imprisonment for fourteen years: Provided that, in the case of an offence under paragraph (a), the offender shall be liable to imprisonment for twenty-one years if – (i) the offence was committed without the consent of the person who was carnally known; or (ii) the offence was committed with that person's consent but the consent was obtained by force or by means of threats or intimidation of some kind, or by fear of bodily harm, or by means of false representations as to the nature of the act. Section 163. Attempt to commit unnatural offenses. Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years. Section 165. Indecent practices between males. Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years. The Kenya Human Rights Commission reported in 2011 about how these statutes have indirect but very adverse effects on LGBTI persons, saying, Same sex sexual practices remain criminalized ... and even though there are few convictions based on sections 162 to 165 of the Penal Code ..., LGBTI persons are routinely harassed by the police, held in remand houses beyond the constitutional period without charges being preferred against them, and presented in court on trumped-up charges. 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. Constitutional provisions The Constitution of Kenya, 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