Esther Muthoni: Kenyan in Saudi Arabia Sentenced to 100 Lashes for Giving Birth Outside Marriage

• Esther Wanja Muthoni, a Kenyan domestic worker in Saudi Arabia, received the sentence after giving birth as an unmarried woman
• Rights groups condemned the punishment as an act of violence, noting that women bear the disproportionate burden of Saudi sharia law on extramarital sexual relations
• The case drew further scrutiny after a planned visit by the UN special rapporteur on violence against women to Saudi Arabia was postponed

A Kenyan domestic worker in Saudi Arabia has been sentenced to 100 lashes after giving birth outside marriage, in a case that has drawn sharp condemnation from human rights organisations and reignited debate over Saudi Arabia's treatment of migrant women.

Esther Wanja Muthoni, who had been recruited to work as a housekeeper and nanny in the kingdom, reportedly became pregnant during a brief relationship with an Egyptian man who subsequently left the country.

The Guardian reported that her case came to light after she sought hospital care during childbirth. Under Saudi regulations, hospitals are required to report unmarried women who give birth to the authorities.

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Under Saudi sharia law, sexual relations outside marriage constitutes a criminal offence, though rights advocates say the consequences fall most heavily on women.

Ekaterina Porras Sivolobova, founder of Do Bold, a non-profit organisation advocating for migrant workers' rights in the Gulf, noted that many women in similar situations avoid detection altogether. "Most of them give birth at home, that's why they aren't reported," she said.

A 2024 investigation by the Guardian documented several cases of Kenyan single mothers whose partners had abandoned them specifically to avoid being arrested for extramarital relations.

Following the ruling, which was issued last month, Muthoni told the New York Times she feared she would not be able to withstand the punishment. "I don't deserve this," she said.

Maryam Aldossari, acting director at the UK-based rights organisation ALQST, described the sentence as an act of violence and argued that Muthoni should have been repatriated to Kenya rather than punished. "It just shows the hypocrisy behind so-called Saudi reform. We know MBS [Mohammed bin Salman, the Saudi crown prince] has been trying to show the world that Saudi is becoming a modern country that empowers women, yet we see the court sentence a mother to 100 lashes," Aldossari said.

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Saudi Flogging Reform and Its Limits

Saudi Arabia announced in April 2020 that it would end flogging as a judicial punishment, but the reform applied only to ta'zir offences, which are those where judges retain discretionary sentencing power.

ALQST noted in a 2021 report that flogging remained a permissible penalty for hudud offences, which carry fixed punishments under Islamic law, including adultery and alcohol consumption.

The timing of the case has added to the scrutiny surrounding Saudi Arabia's human rights record. Reem Alsalem, the UN special rapporteur on violence against women and girls, had a planned visit to Saudi Arabia postponed last week. Alsalem said she had intended to raise specific cases during the trip, adding that if the visit did not proceed, she would address them through established mandate channels.

Sivolobova said accessing support for Kenyan women in such situations had proved particularly difficult. "I haven't been able to get help from the Kenyan authorities to support these women," she said. The Saudi government was approached for comment.

Source: YEN.com.gh