The Government of Kenya has moved to clarify its interventions for Kenyan women and undocumented children in Saudi Arabia, citing legal contradictions between the two countries and urging affected families to urgently collect pending birth certificates.

In a statement released on November 15, the Ministry of Foreign and Diaspora Affairs said it had “noted the concerns regarding a section of Kenyan women and their undocumented children in the Kingdom of Saudi Arabia,” calling the situation a humanitarian priority.

The ministry stated that Kenya’s laws protect all children equally, regardless of their parents’ marital status.

“Under Kenyan law, there is no distinction in the treatment of births based on the mother’s marital status, and rights of Kenyan children do not derive from their parents’ marital status,” the statement said.

However, Saudi regulations impose severe restrictions on out-of-wedlock births.

The ministry noted that “pre- or extramarital sex is illegal, and carries severe penalties, including arrest, imprisonment and/or deportation,” a reality that discourages many women from registering home births.

Govt on Undocumented Children in Saudi Arabia

As a result, “single mothers delivering children out of wedlock in KSA are often unable and unwilling to register these births.”

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To address the problem, the government launched the Mwanambeezi Project in 2023, a mobile consular initiative offering DNA sampling to help parents secure documentation for their children.

But participation was low. “Fewer than 1,000 individuals came forward, yielding 707 DNA samples, 388 of which were from children,” the ministry reported. Only 113 subsequently applied for birth certificates, and 110 were successfully processed.

Despite repeated reminders, the collection has been slow. “The Ministry … contacted all 110 parents … to collect the birth certificates from our Riyadh Embassy. To date, only a third have done so,” the statement said, urging those whose documents remain at the embassy to pick them up immediately.

The ministry also explained coordinated efforts with Saudi officials through a Joint Interdepartmental Working Group, which has enabled a structured repatriation process.

This collaboration has facilitated “the safe repatriation of 59 mothers and 73 children.”

Collection of Birth Certificates

The government also negotiated an amnesty for undocumented Kenyans, a window that the ministry says was “graciously granted by the Government of the Kingdom of Saudi Arabia,” though uptake remained limited.

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The government urged affected mothers to act promptly.

“We urge the single mothers in KSA with undocumented children to utilize the pathways already created by the Government of Kenya to regularize their status and procure documentation,” the ministry said.

Diaspora families were also reminded to adhere to local laws and register all births with Kenyan missions.

The ministry stated Kenya’s commitment to protecting its citizens abroad, saying: “The Government of Kenya remains unwavering in its commitment to protect the welfare and rights of its citizens abroad.”

Principal Secretary Roseline Njogu said the interventions demonstrate the State Department’s mandate to champion the diaspora’s rights and ensure no Kenyan child is left undocumented on foreign soil.

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Prime Cabinet Secretary Musalia Mudavadi speaking at past event. PHOTO/S