In a detailed statement released by the State Department for Diaspora Affairs on Saturday, officials clarified that there is a legal pathway for the mothers and their children to exit Saudi Arabia—however, many are not using it due to fear, lack of information, or strict Saudi laws that complicate the process.
According to Diaspora Affairs Principal Secretary Roseline Njogu, Kenya’s laws require parents to register births of their children abroad through embassies and consulates. Kenyan missions in Riyadh and Jeddah have been processing these documents.
But local laws in Saudi Arabia have made this difficult for many unmarried mothers.
Saudi law considers pre-marital or extra-marital relationships a criminal offence punishable by arrest, imprisonment or deportation. As a result, Saudi authorities demand a marriage certificate before issuing a birth certificate for a child.
This has left many Kenyan mothers unable to register their children, creating a legal gap where the child’s rights are recognised by Kenya but blocked by Saudi systems.
To solve the documentation crisis, the government highlighted the Mwanamberi Project, launched in 2023, which provides a special alternative path for children born out of wedlock.
The project includes a consular DNA sampling programme to confirm parentage and help undocumented children secure Kenyan birth certificates. Once documentation is issued, the children can apply for citizenship papers and exit permits.
Despite the importance of the programme, turnout has been low. Only 113 parents have applied since the project started. Although 110 birth certificates were processed, only a third have been collected.
PS Njogu urged affected mothers to visit the Kenyan Embassy in Riyadh or the Consulate in Jeddah to start or complete the process.
Repatriation Channels Already in Place
The government revealed that a Joint Interdepartmental Working Group between Kenya and Saudi Arabia is already operational. It includes:
The Kenyan Embassy
The Saudi Ministry of Foreign Affairs
The General Directorate of Passports
The Ministry of Labour
The Ministry of Interior
Through this cooperation, 59 mothers and 73 children have already been safely repatriated to Kenya.
Kenya also negotiated an amnesty, allowing undocumented Kenyans to leave without fines, detention or other penalties—a major relief for mothers who fear arrest.
The Embassy has been contacting mothers whose children’s birth certificates are ready, urging them to collect the documents so they can begin the repatriation process.
Officials also encouraged Kenyans in distress to register through the Diaspora Ministry’s online portal. The database helps the government trace citizens quickly and intervene during emergencies, including cases involving job loss, abuse or lack of documentation.
The new measures come just days after Kiambu Senator Karungo wa Thang’wa posted a video of a Kenyan woman stranded in Saudi Arabia. In the clip, the woman explained she had been forced to live on the streets with her child after losing her job.
The video drew widespread attention and renewed pressure on the government to offer a clear repatriation framework.
The State Department assured families back home that Kenya is not abandoning its nationals abroad, adding that diplomatic missions in Saudi Arabia are already offering direct assistance.
“We urge all affected mothers to use the pathways created by the Government of Kenya to regularize their status and procure documentation for their children,” the statement said.
Officials also emphasised that children’s rights remain intact regardless of their parents’ marital status—a position Kenya firmly upholds even when foreign laws create conflicting requirements.
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