Access to Justice for Kenyan Emigrant Workers: the Plight of Kenyan Domestic Workers in Saudi Arabia

Abstract

Economic migration the world over is a source of employment for both skilled and unskilled workers. The high unemployment rate causes migration in Kenya. Kenya has, over the years, witnessed an increase in domestic workers' emigration to Saudi Arabia in search of employment. This increase has also brought about an increased reporting of incidences of human rights abuse of Kenyan Emigrant Domestic Workers (KEDW). The plight of KEDW in Saudi Arabia has catapulted this study to assess the connection between access to justice and protection of rights. As Martin Luther King, Jr once said: 'Injustice anywhere is a threat to justice everywhere.' The research aims to look at the plight of the workers by identifying the human rights abuses that they face, looking at the challenges in accessing access to justice, and by examining the laws safeguarding the right to access to justice. To achieve these objectives, the research employed the use of doctrinal research. It comprised of qualitative research methods. Key informant interviews and in-depth interviews were used. Lessons from other jurisdictions, like the Philippines, Indonesia, and Nepal, have been used to analyse how emigrant domestic workers can achieve access to justice. This research took a human rights perspective in looking at access to justice for KEDW. The findings of this research affirmed the hypothesis that there exists a gap in legislation for KEDW since there is no specific law for emigrant domestic workers. In addition to this, the research found that Saudi Arabia is not a signatory to core international human rights conventions and laws on migration. Therefore, making enforcement of rights and access to justice for KEDW in Saudi Arabia difficult.