Conduct 'accepted' in Kenya that could attract criminal penalties in Gulf

The decision by Saudi Arabian courts to convict Esther Muthoni, who became pregnant outside marriage, has elicited fury in Kenya. But it may also expose the cultural divide between Kenya and Arab countries that host significant numbers of Kenyans.

Saudi Arabia, Qatar, the United Arab Emirates and Kuwait are destinations where Kenyans live, tour or work, making them important sources of remittances for Nairobi.

Yet many Kenyans travelling to the Gulf assume that conduct that is lawful, tolerated or socially accepted at home is also acceptable there, only to find themselves ensnared by strict laws.

These laws cover conduct relating to sex, relationships, alcohol, public behaviour and social media, including blogging.

On Wednesday, Kenya raised concern over the sentence of 100 lashes imposed on a Kenyan domestic worker in Saudi Arabia for giving birth outside marriage, describing the punishment as one that would constitute “cruel and inhuman” treatment under Kenyan law.

While getting pregnant outside marriage is not illegal in Kenya, and consenting adults routinely engage in sexual relationships, Muthoni's punishment has attracted further criticism because the Egyptian man she identified as the child's father reportedly escaped prosecution.

However, while expressing concern over the punishment, the Kenyan government said it respected the sovereignty of Saudi Arabia's judicial system, highlighting the diplomatic dilemma facing Nairobi as it seeks relief for Esther Wanja Muthoni, a 40-year-old Kenyan mother of five.

Last year, Kenya and well-wishers helped secure the release of Stephen Munyakho, who was on death row in Saudi Arabia, after paying his blood money. He subsequently returned to Kenya.

Dozens of other Kenyans have not been as fortunate. According to diaspora data, at least 15 Kenyans are in jail in Saudi Arabia for crimes ranging from drug abuse, prostitution and alcohol use to illegal stay in the country. Others are serving sentences for sexual conduct without valid marriage certificates.

Principal Secretary for Foreign Affairs Korir Sing'oei said the government was saddened by the punishment of the Kenyan woman and would continue engaging Saudi authorities over the case.

“We shall continue to work with our counterparts on these complex arenas of judicial enforcement,” he said.

Muthoni was convicted in October by a Riyadh court following a series of hearings over a pregnancy that resulted in the birth of her son in August 2025.

She faces 100 lashes and a one-year banishment from Saudi Arabia, while the Egyptian man she identified as the child's father reportedly left the kingdom without facing similar punishment.

Muthoni has been trying for more than a year to return to Kenya with her child but has been unable to leave because of the criminal proceedings.

Human rights groups have condemned the punishment, describing it as an “act of violence” and arguing that Saudi Arabia's enforcement of laws criminalising sex outside marriage disproportionately affects women.

Under Saudi Arabia's interpretation of Islamic law, sex outside marriage is a criminal offence. Although the kingdom announced restrictions on flogging in 2020, exceptions remain for offences where the punishment is prescribed under Islamic law.

Muthoni became pregnant following a brief relationship with an Egyptian man while working legally in Saudi Arabia as a domestic worker, having been recruited as a housekeeper and nanny.

She gave birth at staff accommodation, where a supervisor reportedly discovered her and the baby before taking them to hospital. Medical facilities are required to report unmarried women who give birth to the authorities, prompting police to detain her for questioning.

According to statements she gave police, Muthoni said the child's father had since left Saudi Arabia. The court's ruling did not indicate whether authorities had investigated him or considered any charges against him.

“Most of them give birth at home, that's why they aren't reported,” said Ekaterina Porras Sivolobova, founder of Do Bold, a non-profit organisation advocating for migrant workers' rights in the Gulf.

Muthoni reportedly had a court translator during the proceedings but no lawyer. The case was heard by a three-judge panel, with several hearings held last summer.

She was subsequently denied access to her staff accommodation and a shelter. According to the report, she received no assistance from the Kenyan Embassy and, at one point, lived at a petrol station where migrant mothers gathered.

Her employer later provided accommodation, while the Kenyan Embassy issued documents allowing her to leave Saudi Arabia. However, the pending court case prevented her from travelling.

Her exit documents have since expired, and it remains unclear when she will serve her sentence or whether she and her son will be allowed to leave Saudi Arabia.

Muthoni has expressed fear over the prospect of being flogged.

“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.”

Overall, however, the following offences could get someone into serious trouble in Gulf countries:

• Drunken driving.
• Sex outside marriage.
• Drinking alcohol without the required licence.
• Drug abuse.
• Stealing and robbery.
• Murder.
• Tax fraud.
• Illegal entry or overstaying.
• Working without a proper permit.
• Running a salon that does not separate services offered to women from those offered to men.
• Disrespecting Islam, including attempting to defile its symbols.

Follow our WhatsApp channel for breaking news updates and more stories like this.

[email protected]