The High Court of Kenya has declared that the Government violated the constitutional and human rights of Kenyan migrant workers in the Middle East and ordered comprehensive reforms to strengthen their protection.
In this landmark public interest petition filed by Kituo Cha Sheria on behalf of victims of labour migration abuses, the Court directed stronger regulation of recruitment agencies, enforcement of the legal framework governing foreign employment, and the development of a comprehensive Labour Migration law and a harmonised national labour migration policy.
The petition, Constitutional Petition No. E038 of 2023, was filed on 25 February 2023 before the Employment and Labour Relations Court in Nairobi. It challenged the State’s failure to protect Kenyan migrant workers from modern-day slavery, human trafficking, exploitation, violence, torture, abuse and deaths in Middle East countries, while seeking accountability for violations committed against migrant workers.
The matter was heard before Lady Justice Jemimah Keli, who delivered judgment on 19 June 2026, holding that the petition had merit and that the State had failed in its constitutional obligation to protect Kenyan migrant workers.
In her judgment, Justice Keli declared that Kenyan migrant workers and victims of labour migration abuses are entitled to effective protection by the State against modern-day slavery, human trafficking, violence, physical injury, threats, deportation, rape, death and other human rights violations. The Court found that the Government had neglected and abdicated this constitutional responsibility.
The Court further held that the failures and omissions of the State violated the petitioners’ legitimate expectation of accountability, as well as their constitutional rights to life, human dignity, freedom from slavery and servitude, freedom from torture, access to information and fair labour practices.
Among the key orders issued, the Court directed the Ministry of Labour, the Kenya National Employment Authority, the Ministry of Foreign Affairs, the Directorate of Immigration and other relevant State agencies to strictly enforce existing laws governing foreign contracts of service by requiring recruitment agencies to deposit security bonds. The Court also ordered an immediate fresh vetting of all local employment recruitment agencies to strengthen oversight and accountability within Kenya’s labour migration system.
Recognising the existing policy and legislative gaps, the Court directed that the judgment be transmitted to the Office of the Attorney General for consideration in developing a comprehensive Labour Migration law and a harmonised national labour migration policy to better safeguard Kenyan migrant workers.
The Court further ordered the Government to repatriate, at State expense, the body of the late Lucy Wambui Ng’ang’a, one of the victims whose death formed part of the petition, and recommended that the Kenya National Commission on Human Rights follow up on investigations into her death and other unexplained deaths of Kenyan migrant workers in the Middle East.
While declining to award monetary compensation, the Court held that the declarations and orders issued sufficiently vindicated the constitutional rights of the petitioners, noting that the case was brought in the broader public interest to protect all Kenyan migrant workers rather than only the individual petitioners. Each party was ordered to bear its own costs.
The judgment marks one of Kenya’s most significant judicial pronouncements on labour migration and reinforces the State’s constitutional duty to protect citizens working abroad. It also provides a clear roadmap for reforms aimed at strengthening governance, accountability and protection within Kenya’s labour migration framework.
Read the full judgment: https://kituochasheria.or.ke/wp-content/uploads/2026/07/Judgement-for-middle-east.pdf
By Rony Alal
Communications Officer, Kituo Cha Sheria