Frontiers of Legal Protection

Kenya’s Legal Framework and the Protection of Domestic Workers in Saudi Arabia

Abstract

In a globalized world, prioritizing capitalism, democracy, and human rights, economic migration has become common trend for both skilled and unskilled workers. Kenya and Saudi Arabia have longstanding bilateral relations, resulting in increased migration of Kenyan domestic workers to Saudi Arabia. However, this has also led to rising human rights violations. This article assesses the efficacy of Kenya's legal regime in the provision of the security of domestic workers in Saudi Arabia. It explores the relationship between Kenya’s legal framework and its practical implementation in guaranteeing their security. In its methodology, it utilises a qualitative approach, conducting interviews with returnee domestic workers, Kenyan domestic workers currently in Saudi Arabia, recruitment agency officials, and personnel from the Ministry of Foreign Affairs and the Ministry of Labour. The findings highlight significant gaps in Kenya's legal framework and its enforcement, which hinder the protection of domestic workers abroad. It concludes with recommendations to strengthen Kenya’s legal protections and improve the security of its migrant workers.