A Saudi court has sentenced a Kenyan domestic worker to 100 lashes for giving birth outside of marriage, a ruling that highlights the persistent legal challenges faced by women in the kingdom.
Esther Wanja Muthoni, a mother of five, received the sentence last month. She had been seeking to return to Kenya with her one-year-old son, Abudy, for over a year but faced bureaucratic obstacles. The New York Times reported last year on the exploitation of East African domestic workers in Saudi Arabia, noting instances of violence, rape, and beatings.
Saudi law considers pregnancy outside of marriage an offense, with punishments that can include jail time. For women who become pregnant, giving birth can lead to further legal consequences. Children born outside of marriage are often denied birth certificates, and repatriation efforts by embassies can be complicated by alleged corruption and neglect, according to the report.
Muthoni, who was legally employed as a domestic worker, became pregnant after a brief relationship with an Egyptian resident in the kingdom. After her son's birth in August 2025, her supervisor reported her to the authorities. She was detained by police, and after stating the father had left the country, she was released but denied accommodation and shelter.
She also reported receiving no assistance from the Kenyan Embassy. She lived at a petrol station that became a gathering place for migrant mothers seeking deportation. Although her employer, Maharah Human Resources, eventually provided accommodation and the Kenyan Embassy issued exit documents last year, she could not leave Saudi Arabia while her legal case was pending.
Her trial took place last summer before a three-judge panel in Riyadh. Although provided with a court translator, she did not have legal representation. Saudi law entitles indigent defendants to state-provided lawyers, but experts note this does not always occur in practice. The court found Muthoni guilty of sex before marriage, basing its decision on an interpretation of Islamic law that prescribes 100 lashes.
Human rights advocates have criticized the sentence. "This sentence of flogging does not align with international human rights standards," Ekaterina Porras Sivolobova, a labor migration analyst, told The New York Times. "It strips a mother of her dignity and does the opposite of protecting vulnerable women. It targets them."
While Saudi Arabia announced curbs to the sentence of lashes in 2020, the ruling in Muthoni's case indicates that flogging can still be ordered in instances where Islamic law prescribes it, such as for sex outside marriage. The frequency of such judgments is difficult to ascertain as morality crime verdicts are not routinely published.
Without legal recourse or representation, Muthoni did not appeal her sentence. She stated it was "the only way that can take me back home to my children." The sentence also includes a one-year banishment from her place of residence. It remains unclear when the lashing will occur or how Muthoni and her son will be permitted to return to Kenya, as her exit documents have expired.