Foreign Affairs PS Korir Sing’oei has described the punishment as cruel and inhuman under Kenyan standards but says Nairobi will continue engaging Riyadh while respecting its judicial sovereignty.
NAIROBI, Kenya – Kenya has publicly addressed the sentencing of Esther Wanja Muthoni, a Kenyan domestic worker facing 100 lashes and one year of banishment in Saudi Arabia, as pressure grows for diplomatic intervention to secure her safety and return home.
Foreign Affairs Principal Secretary Korir Sing’oei said the punishment would amount to cruel and inhuman treatment under Kenyan jurisdiction, although he acknowledged Saudi Arabia’s authority over its judicial system.
In a statement issued on Wednesday, November 11, Sing’oei said the government would continue engaging Saudi authorities over the case.
“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,” he said.
His remarks represent Kenya’s public response to a case that has drawn international attention over the treatment of migrant domestic workers and the legal difficulties faced by women who become pregnant outside marriage in the Gulf kingdom.
Kenyan Mother Sentenced After Giving Birth in Saudi Arabia
Muthoni, 40, was convicted in October by a three-judge criminal court in Riyadh after becoming pregnant and giving birth to a son, Abudy, in August 2025.
She had travelled to Saudi Arabia to work as a domestic worker and became pregnant following a relationship with an Egyptian man identified as Mohamud.
The case came to the attention of authorities after her supervisor discovered the newborn at staff accommodation and took mother and child to hospital.
Police subsequently questioned Muthoni over the pregnancy. The child’s father had reportedly left Saudi Arabia by the time the case proceeded through court.
According to an investigation by The New York Times, Muthoni attended court hearings with the assistance of an interpreter but did not have a lawyer representing her.
She did not appeal the conviction, saying her priority was to find a way back to Kenya and reunite with her other children.
The mother of five expressed fear over the punishment, telling the newspaper: “I am so afraid. I don’t think I can endure those lashes.”
She also said accepting the court’s decision appeared to be the only route she could see towards returning home.
“It is the only way that can take me back home to my children,” she said.
Uncertainty Over When Punishment Will Be Enforced
Beyond the 100 lashes, the court sentenced Muthoni to one year of banishment, but the precise arrangements remain unclear.
The New York Times reported that under Saudi rules, a person handed a banishment order without a specified destination is generally sent to another city within the kingdom.
It is therefore not established that the order will result in her deportation to Kenya.
Her efforts to leave Saudi Arabia had previously faced difficulties because criminal proceedings prevented her from travelling despite the Kenyan Embassy having issued exit documents for her and her son.
Those documents have since expired, creating another obstacle to their return.
It also remains unclear when the flogging will take place or what further arrangements Saudi authorities will make regarding the mother and child.
Saudi Arabia’s Flogging Reforms Under Scrutiny
Muthoni’s sentence has renewed questions about Saudi Arabia’s 2020 judicial reforms, which restricted the use of flogging as a criminal punishment.
The reforms instructed courts to replace discretionary flogging, known as ta’zir, with alternatives such as imprisonment and fines.
However, the changes did not eliminate corporal punishment in every category of offence. Exceptions remained for certain offences where punishment is prescribed under traditional interpretations of Islamic law.
The distinction has drawn renewed attention following Muthoni’s conviction, which the New York Times reported was based on an interpretation of Islamic law prescribing 100 lashes for sex outside marriage.
Case Raises Questions About Protection of Kenyan Migrant Workers
Muthoni’s experience has also revived concerns about the vulnerability of East African women working as domestic employees in Saudi Arabia.
A previous New York Times investigation documented cases of women who struggled to return home after becoming pregnant outside marriage, with some facing detention, difficulties obtaining birth certificates for their children and limited access to assistance.
The cases have highlighted the challenges migrant workers can encounter when navigating foreign legal systems, particularly when they lack legal representation and face restrictions on their movement.
