Esther Wanja Muthoni sentenced to 100 lashes
By the AFREEQUE newsroom, based on Tuko
Kenyan domestic worker Esther Wanja Muthoni in Saudi Arabia has been sentenced to 100 lashes and one year of banishment after giving birth out of wedlock. Her case highlights Saudi criminal rules based on sharia law, according to Tuko citing the New York Times.
The sentencing of Kenyan domestic worker Esther Wanja Muthoni to 100 lashes and one year of banishment in Saudi Arabia highlights the continued use of certain corporal punishments in Saudi criminal law. The New York Times, which interviewed Muthoni and examined court documents, reports that the sentence is based on an orthodox interpretation of Islamic law that punishes sex outside marriage.
Saudi Arabia announced in 2020 that flogging would end as a judicial punishment, replacing it with fines and prison sentences. However, the reform concerned ta’zir offences, for which judges have discretion, and not hudud offences, which provide for fixed punishments under Islamic law. A report published in 2026 confirms that flogging remains applicable to these offences, according to Tuko.
Saudi hospitals are required to report unmarried women who give birth, which led to the involvement of the justice system in Muthoni’s case. Children born out of wedlock also face difficulties obtaining a birth certificate, according to Tuko. Foreign domestic workers are subject to the kafala sponsorship system, which human rights organisations accuse of encouraging exploitation and limiting employees' ability to leave abusive employers.
