100 lashes for childbirth outside marriage? Saudi Arabia’s controversial sentence for Kenyan mother

A Kenyan woman working as a domestic worker in Saudi Arabia has been sentenced to 100 lashes for giving birth outside marriage, a punishment that has drawn criticism from human rights groups. Esther Wanja Muthoni, who worked as a housekeeper and nanny, became pregnant during a brief relationship with an Egyptian man. The man has since left Saudi Arabia, while Muthoni has been left to face the case and its consequences.

The court issued its ruling last month. Speaking to the New York Times after the verdict, Muthoni said she was scared she would not be able to withstand the punishment.

“I don’t deserve this,” she said.

How the case came to light

Sexual relations outside marriage are prohibited under Saudi law. While cases involving unmarried mothers are not uncommon in the kingdom, many never reach the authorities. Muthoni’s case became known after she gave birth in a hospital. Medical facilities in Saudi Arabia are required to report unmarried women who deliver babies.

“Most of them give birth at home, that’s why they aren’t reported,” said Ekaterina Porras Sivolobova, founder of Do Bold, a non-profit organisation working for migrant workers’ rights in the Gulf.

A 2024 Guardian investigation had previously highlighted how Kenyan women were being abandoned by the fathers of their children, with some men leaving the country to avoid arrest over extramarital relationships.

Rights groups question Saudi reforms

The sentence has renewed questions about Saudi Arabia's judicial system and its claims of reforming women's rights.

In April 2020, Saudi Arabia announced an end to flogging as a judicial punishment for ta’zir offences, where judges have discretion over sentencing. However, the change did not cover hudud offences, including adultery, for which flogging remained a possible punishment.

Maryam Aldossari, acting director of UK-based rights organisation ALQST, described the ruling as an “act of violence”. She said Muthoni should have been sent back to Kenya rather than punished.

The case comes days after a planned visit to Saudi Arabia by UN special rapporteur Reem Alsalem was postponed. Alsalem had intended to raise specific cases of violence against women during the visit.

Sivolobova said efforts to secure assistance from Kenyan authorities for women in similar situations had also proved difficult.