A Kenyan mother of five is facing a potentially painful and humiliating punishment in Saudi Arabia after a criminal court sentenced her to 100 lashes and one year of banishment for engaging in sexual relations outside marriage, in a case that has renewed scrutiny of the treatment of vulnerable migrant workers in the Gulf nation.
The 40-year-old woman, identified as Esther Wanja Muthoni, was convicted by a three-judge panel in Riyadh in October 2026 following proceedings that reportedly left her without legal representation.
Her conviction followed the birth of a child outside marriage while she was working as a domestic employee in Saudi Arabia, where sexual relations outside marriage are criminalised under the country’s legal system.
The sentence has triggered fresh concerns about the vulnerability of Kenyan women working abroad, particularly domestic workers who find themselves caught between restrictive immigration requirements, unfamiliar legal systems and limited access to legal assistance.
Muthoni’s predicament is particularly distressing because she has spent more than a year trying to return to Kenya with her young son, while remaining separated from her other children back home.
In an interview with The New York Times, which investigated her circumstances, the mother expressed fear over the punishment, questioning whether she would physically withstand the lashes.
“I am so afraid. I don’t think I can endure those lashes,” she said.
The case has since drawn attention to the intersection of women’s rights, migrant labour protection and the application of corporal punishment in Saudi Arabia.
From domestic worker to criminal defendant
Muthoni travelled to Saudi Arabia legally after securing domestic employment through a recruitment arrangement involving Maharah Human Resources, a Saudi-based employment company.
She became pregnant following a brief relationship with an Egyptian man identified in court documents as Mohamud.
In August 2025, she gave birth to a baby boy, Abudy, while staying in staff accommodation.
Her circumstances reportedly changed dramatically after a supervisor discovered the newborn and took both mother and child to hospital.
Police subsequently detained Muthoni for questioning about the circumstances surrounding the pregnancy.
During questioning, she informed investigators that the child’s father had already left Saudi Arabia.
Although she was later released, her difficulties did not end there. She reportedly lost access to her previous accommodation and was turned away from a shelter, leaving her without a secure place to stay.
At one point, she sought refuge at a petrol station in Riyadh where other migrant mothers had gathered while attempting to find ways of returning to their respective countries with their children.
The employment company later provided her with accommodation following publicity surrounding her circumstances.
The Kenyan Embassy also issued travel documents intended to facilitate her departure from Saudi Arabia.
However, the criminal proceedings prevented her from travelling, and the documents eventually expired while she remained in the country.
Court proceedings without a lawyer
The case proceeded through several hearings before a three-judge panel in Riyadh during the summer of 2026.
Although Muthoni was provided with a translator to facilitate communication during the proceedings, she reportedly had no lawyer to represent her.
Court documents reviewed by The New York Times appeared to support her account that she attended the hearings without legal representation.
The court subsequently found her guilty and imposed 100 lashes alongside a one-year banishment.
The precise interpretation of the banishment sentence remains unclear, particularly whether it means deportation to Kenya or relocation to another area within Saudi Arabia.
It is also unclear when the corporal punishment will be administered.
Muthoni reportedly decided against appealing the conviction, believing that accepting the ruling offered her the quickest opportunity to leave Saudi Arabia and reunite with her children.
Her decision illustrates the difficult choices facing migrant workers who lack adequate legal and financial resources to pursue prolonged court proceedings in foreign countries.
The mother has maintained that she does not deserve the punishment.
Kenya reacts as diplomatic pressure mounts
The case has now attracted the attention of the Kenyan government, with Foreign Affairs Principal Secretary Korir Sing’oei acknowledging the severity of the sentence.
In a statement on Wednesday, November 11, Sing’oei described the punishment as one that would amount to cruel and inhuman treatment under Kenya’s jurisdiction.
He nevertheless acknowledged the sovereignty of Saudi Arabia’s judicial system, indicating that Nairobi would pursue engagement with its counterparts.
“Saddened by what would constitute ‘cruel and inhuman’ punishment under our jurisdiction, but respectful of the sovereignty of Saudi legal system. We shall continue to work with our counterparts on these complex arenas of judicial enforcement,” Sing’oei said.
His remarks point to the delicate diplomatic balancing act facing Kenya as it seeks to protect a citizen abroad without directly confronting the legal institutions of the host country.
The government’s response also raises questions about the extent to which diplomatic engagement can secure relief for Kenyans facing criminal proceedings in foreign jurisdictions.
For Muthoni, the immediate priority remains securing a safe return home with her young child.
The Kenyan government will likely face pressure to establish whether the sentence can be reviewed, whether alternative arrangements can be negotiated and how the mother and her child can obtain valid travel documentation.
Saudi Arabia’s controversial corporal punishment reforms
The case has also reopened debate over Saudi Arabia’s judicial reforms, particularly the kingdom’s 2020 announcement restricting the use of flogging as a punishment.
The reforms were widely viewed as an important step towards reducing corporal punishment within the country’s judicial system.
However, the changes did not eliminate flogging in every category of criminal offence.
Certain offences classified under hudud, which are associated with prescribed punishments under interpretations of Islamic law, remain subject to different legal provisions.
This distinction has become central to Muthoni’s case, with the court reportedly relying on its interpretation of Islamic law in imposing the 100 lashes.
Labour migration analyst Ekaterina Porras Sivolobova has criticised the punishment, arguing that flogging violates international human rights standards and undermines the dignity of vulnerable women.
The case has also attracted criticism from rights advocates who argue that criminalising women over pregnancies outside marriage exposes migrant workers to additional risks, particularly when they lack adequate legal protection.
Rights organisation ALQST has also called for Muthoni to be returned to Kenya rather than subjected to corporal punishment.
A longstanding problem for Kenyan women in the Gulf
Muthoni’s experience is not an isolated illustration of the difficulties facing Kenyan women working in Saudi Arabia.
Over the years, concerns have emerged over the treatment of domestic workers, including allegations of physical abuse, exploitation, restrictions on movement, unpaid wages and confiscation of travel documents.
In December 2024, an investigation by The Guardian documented the experiences of Kenyan women who said they were stranded in Saudi Arabia because their children had been born outside marriage and lacked the necessary documentation to facilitate their departure.
Some of the women reported difficulties obtaining birth certificates and exit documents for their children, leaving them unable to return home despite years of seeking assistance.
The investigation also highlighted the vulnerability of women who become pregnant following alleged sexual exploitation or abuse.
In some circumstances, women who should potentially be treated as victims of abuse risk facing prosecution because pregnancy can be used as evidence of sexual relations outside marriage.
The absence of proper documentation further complicates their circumstances, affecting children’s access to education, healthcare and international travel.
These challenges have raised concerns among human rights organisations about the protection of migrant women and children in countries where immigration status and family laws impose significant restrictions.
Amnesty raises alarm over domestic workers’ conditions
In a report published in May 2025 titled Saudi Arabia: Locked in, left out: The hidden lives of Kenyan domestic workers in Saudi Arabia, Amnesty International documented troubling experiences involving Kenyan women employed in private households.
The organisation described cases involving exploitation, discrimination and working conditions that could amount to forced labour.
Its findings highlighted the vulnerability of domestic workers under recruitment and sponsorship arrangements that can restrict their freedom of movement and make it difficult to escape abusive employment situations.
Amnesty called on Saudi Arabia to reform its labour and migration systems and extend stronger legal protections to domestic workers.
The organisation also urged the Kenyan government to strengthen safeguards for citizens before departure and during their employment abroad.
Among its recommendations were stronger bilateral labour protections, improved access to justice, accountability for abusive recruiters and better mechanisms for assisting workers in distress.
The findings provide a broader context to Muthoni’s predicament, demonstrating why migrant worker protection cannot be limited to recruitment and placement but must extend throughout the period of employment abroad.
Government’s previous efforts to repatriate stranded mothers
Kenya has previously acknowledged the difficulties facing women who become mothers while working in Saudi Arabia, particularly those whose children lack recognised birth and travel documents.
In a foreign policy briefing published in November 2025, the Ministry of Foreign and Diaspora Affairs disclosed that it had collected 707 DNA samples through mobile consular services to establish parent-child relationships and facilitate documentation.
The government also reported establishing a Joint Interdepartmental Working Group in January 2025 involving the Kenyan Embassy and relevant Saudi government departments to address documentation and repatriation challenges.
According to the ministry, the initiative had facilitated the return of 59 Kenyan mothers and 73 children through the issuance of emergency travel documents.
The government further reported that more than 500 victims in different circumstances abroad had been repatriated since 2022.
These interventions demonstrate that the plight of stranded Kenyan mothers is a recognised consular challenge requiring sustained cooperation between the two governments.
However, Muthoni’s case suggests that documentation alone may not be sufficient where criminal proceedings prevent a citizen from leaving a foreign jurisdiction.
Questions over the protection of Kenyan migrant workers
Saudi Arabia remains an important destination for Kenyan migrant workers, particularly women seeking employment in domestic service and other sectors.
The economic importance of labour migration cannot be understated, with thousands of Kenyan households depending on income earned by relatives working abroad.
However, the recurring cases of exploitation, abuse and legal vulnerability have intensified calls for stronger government oversight of recruitment agencies and more effective diplomatic protection.
There are growing demands for the government to ensure that prospective migrant workers receive adequate information about the laws of destination countries before travelling.
Recruitment agencies have also come under scrutiny over the extent to which they monitor the welfare of employees after placement and intervene when workers encounter difficulties.
The government faces the challenge of balancing the economic opportunities created by overseas employment with its constitutional and diplomatic responsibility to protect Kenyans beyond national borders.
Muthoni’s case presents a particularly difficult test of that responsibility.
While the Kenyan government has acknowledged the severity of the punishment, the critical question is whether diplomatic engagement can secure a review of her sentence and facilitate her safe return with her child.
For a mother who has already spent more than a year separated from most of her children, the prospect of enduring 100 lashes adds another painful dimension to an already difficult ordeal.
Her case has become a stark reminder that the protection of Kenyan migrant workers must extend beyond securing overseas employment opportunities to guaranteeing their dignity, safety, access to justice and the right to return home.
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