From Relationships to Alcohol: Strict Saudi Laws Kenyans Living in Gulf Must Know

Esther Wanja Muthoni, a 40-year-old Kenyan domestic worker, remains stranded in Saudi Arabia with her infant son after a Riyadh court sentenced her to 100 lashes and a one-year banishment for giving birth outside marriage.

Although the Kenyan Embassy issued travel documents to allow Muthoni to return home, the ongoing criminal proceedings blocked her departure. Those exit papers have since expired, leaving the mother of five without a clear timeline for when the sentence will be carried out or when she will be permitted to leave the kingdom.

Muthoni, who was legally recruited to work as a housekeeper and nanny, gave birth to her son at her staff accommodation in August 2025 following a brief relationship with an Egyptian man. A supervisor discovered her and the newborn and took them to a hospital, where staff followed state rules requiring medical facilities to report unmarried mothers to police.

Officers detained Muthoni for questioning, and she told investigators the child's father had already left Saudi Arabia. The court's ruling gave no indication that authorities investigated the man or pursued charges against him, a disparity that has drawn sharp criticism in Kenya and among rights advocates.

Human rights groups have condemned the punishment as an "act of violence" and argued that Saudi Arabia's enforcement of laws against sex outside marriage disproportionately targets women. While the kingdom announced restrictions on flogging in 2020, exceptions remain for offenses where the penalty is prescribed under its interpretation of Islamic law.

Ekaterina Porras Sivolobova, founder of the migrant advocacy nonprofit Do Bold, noted that many women avoid official detection through home deliveries. "Most of them give birth at home, that's why they aren't reported," Sivolobova said.

During her hearings last summer before a three-judge panel, Muthoni had a court translator but no legal representation. She was convicted in October.

After her arrest, Muthoni was denied access to both her staff accommodation and a shelter. According to reports on her case, she received no initial assistance from the Kenyan Embassy and spent time living at a petrol station where other migrant mothers gathered before her employer eventually provided housing.

Muthoni has spent more than a year trying to return to Kenya and fears the physical toll of the sentence. "I am so afraid," she told The New York Times in a phone interview last month. "I don't think I can endure those lashes."

"I don't deserve this," she added.

In Nairobi, the ruling has sparked public anger and placed the government in a delicate diplomatic position. On Wednesday, officials raised concern over the sentence, noting that flogging would constitute "cruel and inhuman" treatment under Kenyan law, even as they stated Nairobi respects the sovereignty of Saudi Arabia's judicial system.

Principal Secretary for Foreign Affairs Korir Sing'oei said the government was saddened by Muthoni's punishment and would continue engaging Saudi officials. "We shall continue to work with our counterparts on these complex arenas of judicial enforcement," Sing'oei said.

Kenya has previously navigated high-stakes legal cases in the kingdom, including last year's release of Stephen Munyakho from death row after the government and well-wishers raised funds to pay blood money. However, diaspora records show at least 15 other Kenyans remain jailed in Saudi Arabia for offenses ranging from drug abuse, alcohol use, and prostitution to overstaying visas and engaging in sexual conduct without valid marriage certificates.

Gulf states, including Saudi Arabia, Qatar, the United Arab Emirates, and Kuwait, remain vital sources of diaspora remittances for Kenya, hosting thousands of Kenyan workers and visitors. Yet many travelers assume conduct tolerated at home is permitted in the region, running afoul of strict regulations governing relationships, alcohol, public conduct, and social media activity, including blogging.

Across Gulf countries, foreigners can face severe legal penalties for a wide range of offenses:

Sex outside marriage

Drinking alcohol without a required license or drunken driving

Drug abuse

Illegal entry, overstaying, or working without a proper permit

Stealing, robbery, murder, or tax fraud

Operating a salon that fails to separate services for men and women

Disrespecting Islam, including attempting to defile its symbols