Kenya’s legal obligation to prevent, protect and respond to human trafficking for labour exploitation of Kenyan citizens migrating for domestic work to the Middle East

By Carolene Kituku

On 26 May 2025,  the Employment and Labour Relations Court at Nairobi granted leave to ISLA and FIDA-K to intervene as joint amici curiae in Legal Advice Centre (Kituo Cha Sheria)   and 13 Others  v The Cabinet Secretary Ministry of Labour and Social Protection & Others Nairobi ELRC Petition E038 of 2023 ISLA a case challenging Kenya’s legal obligation to respond to human trafficking of Kenyan citizens migrating for domestic workers to the Middle East.

 The Petitioners in this case – among them women who had been recruited and migrated to the Middle East to work as domestic workers – are seeking to hold the Kenyan government accountable for the violation of their fundamental rights and freedom from slavery, servitude, protection from torture, inhuman & degrading treatment, discrimination, protection from unfair labour practices and the right to dignity. This is as result of the Kenyan government failure to put in place a legislative framework that ensures the protection of her citizens migrating to the Middle East for domestic work and failure to respond sufficiently to the victims of trafficking in the Middle East through the provision of effective remedies for the act of trafficking.  

 Why does this case benefit from an amicus curiae intervention?

 By seeking to join the case, ISLA and FIDA-K seek to provide information to the Court on why the Kenyan government should be held accountable for the acts of human trafficking of women for labour exploitation by non-state actors through the application of the due diligence principle. In addition, ISLA and FIDA-K shall develop and expand the law on discrimination by providing information to the Court on why trafficking of women for labour exploitation is a form of discrimination against women as a class/group of workers and as a vulnerable workforce.

 ISLA and FIDA-K respectfully believe that this information will aid the Court in nuancing States’ obligations in respect to human trafficking for labour exploitation by developing the applicable legal standards and principles in line with international human rights standards on the state’s obligation to prevent, protect and respond to trafficking of women for labour exploitation. This in turn will assist the Court in assessing the extent of the fulfilment of Kenya’s obligation to put in place laws, policies and practices to combat human trafficking. ISLA is keen and has an interest in developing the law and jurisprudence on State obligation in regard to human trafficking for labour exploitation.

 The Court, while granting ISLA and FIDA-K leave to intervene as joint amici curiae, observed that they would place matters before the Court which otherwise the Court would not be aware of and were not merely a replication of what other parties in the Petition were making before the court.

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