The Kenyan government has announced several measures to assist single mothers and their undocumented children stranded in Saudi Arabia to return home. This follows concerns over bureaucratic hurdles and strict Saudi laws complicating their situation. The initiatives include the Mwanamberi Project and diplomatic collaborations.
Amid concerns that the mothers have no way out of the Middle East, the State Department for Diaspora Affairs has clarified that a bureaucratic pathway exists for the stranded mothers to leave Saudi Arabia, but it is not being properly utilized. The Kenya Citizenship and Immigration Act and the Births and Deaths Registration Act govern birth registration for Kenyans abroad, with parents bearing the responsibility. Kenyan diplomatic missions abroad are mandated to receive and process birth notifications, but strict local laws in Saudi Arabia have complicated this process.
"As per Saudi Law, pre or extra marital sex is illegal, and carries severe penalties, including arrest, imprisonment and/or deportation. Thus, conception and birth issuing out of such relationships is considered proof of an offence," the statement signed by Diaspora PS Roseline Njogu read.
Saudi authorities require a marriage certificate to issue a birth certificate, leaving many unmarried Kenyan mothers unable to register their children's births. However, the government has clarified that children's rights are not affected by their parents' marital status, creating a significant legal disconnect between the two systems.
To ensure Kenyans in Saudi Arabia are safely repatriated, the government outlined pathways for mothers and their undocumented children to regularize their status, including through the Mwanamberi Project launched in 2023. The project involves a consular DNA sampling initiative to establish parentage, enabling children born out of wedlock to obtain Kenyan birth certificates and citizenship documentation.
The government also revealed the presence of Kenyan missions in Riyadh and Jeddah, which have created dedicated channels for affected mothers to submit birth registration documents and collect processed certificates. "We urge the single mothers in KSA with undocumented children to utilise the pathways already created by the Government of Kenya to regularize their status and procure documentation for their children. They may contact the Embassy of Kenya in Riyadh, the Consulate in Jeddah, or the State Department for Diaspora Affairs in Nairobi. We urge those whose birth certificates are lying at the Kenya Embassy in Riyadh to immediately collect them," the statement added.
Concern was raised over low turnout for the Mwanamberi Project since its establishment, with only 113 parents applying for birth certificates; although 110 documents were processed, only a third of the 113 applicants collected them. Beyond documentation, Kenya established a Joint Interdepartmental Working Group with Saudi authorities, bringing together the Kenyan Embassy, the Saudi Ministry of Foreign Affairs, the General Directorate of Passports, the Ministry of Labour, and the Ministry of Interior to create a sequential and lawful mechanism. This collaboration led to the safe repatriation of 59 mothers and 73 children.
Kenya also successfully negotiated an amnesty for out-of-status nationals, allowing undocumented Kenyans to regularize their status or leave without facing fines, detention, or other penalties. Further, the Embassy is proactively contacting mothers whose children's birth certificates are ready for collection, urging them to take advantage to enable departure from the Middle East.
Kenyans in distress have been encouraged to register through the Diaspora Ministry's official website for better tracking and prompt intervention in emergencies. The government's response came days after Kiambu Senator Karung'o wa Tnag'wa shared a video on social media highlighting the plight of a Kenyan mother who had resorted to living on the streets after her job termination.