The Efficacy of Kenya’s Legal Regime in Protecting Human Security Among Kenyan Domestic Workers Abroad: A Case of Saudi Arabia.

Abstract

In a globalized world that prioritizes capitalism, democracy, and human rights, economic migration has become commonplace for both skilled and unskilled workers. Kenya and Saudi Arabia have maintained longstanding diplomatic and bilateral relations, leading to increased migration of Kenyan citizens seeking employment in Saudi Arabia as domestic workers. However, this trend has also resulted in a rise in human rights violations against Kenyan domestic workers. The goal of this study was to assess the efficacy of Kenya's legal regime in protecting the human security of domestic workers abroad, with a specific focus on Saudi Arabia. This thesis aimed at exploring the relationship between Kenya’s legal framework and its applicability to guarantee security for domestic workers abroad. Specifically, the objectives were to establish the various human rights abuses that Kenyan Domestic workers in Saudi Arabia go through, to evaluate the practical implementation of Kenya's legal framework in ensuring the human security of Kenyan Domestic workers abroad and to assess any gaps that exist between the Kenya’s legal regime and the human security for domestic workers in Saudi Arabia. The literature review covers major themes related to legal structures and policies aimed at protecting the rights of domestic workers. Furthermore, the study incorporated two theories that is the Human Security framework and the transnationalism theory. The research adopted a qualitative approach and the descriptive research design. Data Collection was done through interviews with returnee Kenyan migrant workers from Saudi Arabia and personnel from the Ministry of Foreign Affairs and the Ministry of Labour and Social Protection. The qualitative data collected was analyzed to understand the experiences and perspectives of the respondents, and to address the research objectives. Detailed information gathered from participants will be categorized and compared with existing literature on the topic. Face-to-face interviews were conducted with returnees and staff at Kenya's Ministry of Foreign Affairs who handle concerns and grievances made by migrant workers or their family members. The results of the study identified gaps in Kenya's legal regime contributing to the lack of human security for domestic workers in Saudi Arabia and provided recommendations for improvement