Allegations of Neglect

NAIROBI – The Government of Kenya has formally responded to allegations circulating on social media, amplified by Kiambu Senator Karungo wa Thang'wa, that Kenyan mothers and their children are stranded in Saudi Arabia due to severe delays in DNA processing. [3, 6] The claims, which gained prominence on Thursday, November 13, 2025, highlighted the case of a Vihiga County woman and her eight-year-old daughter allegedly waiting nearly three years for DNA results required to secure travel documents. [7, 11, 13] Senator wa Thang'wa asserted that this was a common practice, stating that "every Kenyan woman who gives birth out of wedlock here must undergo a DNA test before being cleared to return home with her child." [3, 13] He pledged to bring the matter before the Senate to compel the Kenyan Embassy in Riyadh to expedite the repatriation of all affected citizens. [7, 11]

Government Clarifies Official Procedures

In a swift rebuttal, Principal Secretary for Diaspora Affairs Roseline Njogu stated the claims were inaccurate. [3] On Thursday, November 13, 2025, PS Njogu clarified that DNA tests are not a mandatory requirement for issuing birth certificates to children born to Kenyan mothers abroad. [3, 6] Instead, they are used as a verification tool when primary documents, such as a foreign birth certificate, are unavailable. [3] According to the State Department for Diaspora Affairs, children born to a Kenyan parent are automatically citizens by birth under the Constitution. [16, 17] The standard procedure involves registering the birth at the nearest Kenyan mission with documents like the parents' passports and the foreign birth notification. [16, 22]

PS Njogu reported that a specific initiative, the "2023 DNA project," has already processed all its applications, resulting in the successful repatriation of 73 children and over 50 mothers. [3, 6] Foreign Affairs Cabinet Secretary Musalia Mudavadi further disclosed that the government's mobile consular services had collected 707 DNA samples to verify parentage for undocumented children, facilitating the issuance of birth certificates and travel documents. [15, 19]

The Complex Reality for Migrant Mothers

The controversy sheds light on the perilous legal and social landscape for Kenyan migrant workers in Saudi Arabia. Under Saudi law, sex outside of marriage is criminalized, and children born from such unions are often denied birth certificates and exit visas, rendering them effectively stateless. [10, 24, 28] This legal barrier, not Kenyan policy, is the primary reason mothers become trapped. Hospitals are often required to report unmarried women who give birth to the police. [28] Many mothers are single, having been in relationships with other migrant workers who may have since left the country or fear arrest themselves. [24] Reports indicate that some mothers have been mistreated by embassy staff, further complicating their efforts to seek help. [10, 24, 29]

The situation is exacerbated by the restrictive *kafala* sponsorship system, which ties a migrant worker's legal status to their employer. [9] Many women who flee abusive employers have their passports confiscated, leaving them undocumented and vulnerable. [5, 9] Without legal status, their children cannot be registered, creating a cycle of marginalization that prevents access to healthcare and education. [28, 29]

Broader Context of Labour Migration

Over 200,000 Kenyans currently live and work in Saudi Arabia, making it the second-largest source of diaspora remittances to Kenya after the United States. [15, 19] However, the benefits are shadowed by persistent reports of exploitation, abuse, and systemic gaps in protection. [4, 5, 9] Investigations by the Commission on Administrative Justice (Ombudsman) have revealed inadequate legal frameworks, insufficient staffing at the Kenyan Embassy in Riyadh, and a lack of safe houses for distressed workers. [4] Human rights organizations have documented cases of passport confiscation, extreme working hours, and physical and sexual abuse, which can amount to forced labour and human trafficking. [5, 9] In response, the government has been working to establish a joint working group with Saudi authorities to streamline processes and has established the State Department for Diaspora Affairs to create more robust protective policies. [15, 26]

Pathways and Unresolved Issues

While the government maintains that official channels for repatriation are functional, the public outcry highlights a significant trust and communication gap. PS Njogu has urged Kenyans facing challenges abroad to report them directly to the missions for assistance. [15, 19] The DNA samples collected in the Gulf are processed by the Government Chemist in Kenya, the country's central forensic laboratory. [18] However, the logistical process of sample collection, shipping, and analysis can be lengthy. For comparison, local private institutions like KEMRI offer paternity tests with a turnaround time of 5-10 working days, though the complexities of international consular cases are greater. [20, 27] The core issue remains the conflict between restrictive Saudi laws and the fundamental right of Kenyan citizens and their children to return home, a challenge that requires sustained diplomatic intervention beyond individual consular cases.