PRESS RELEASE: ISLA and FIDA-Kenya admitted as joint amici curiae in a case challenging 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.

Nairobi, 27th May 2025 – 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.

The petition in this case raises among other issues, the question of the extent of state obligation for the acts of human trafficking for labour exploitation of domestic workers migrating to the Middle East. The petitioners allege that the Kenyan government has failed in its state obligation to prevent, protect and respond to human trafficking for labour exploitation of Kenyan citizens migrating to the Middle East for domestic work.

The petitioners among them women 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 owing to the Kenyan government failure to put in place a legislative framework that ensures protection of her citizens migrating to the Middle East for domestic work and responding sufficiently to the victims of trafficking in the Middle East by providing an effective remedy for the acts of trafficking in the Middle East.

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.

This case forms part of ISLA’s broader commitment to using litigation as a tool for social change, advanced through the Feminist Litigation Network (FLN). The FLN is dedicated to building a pool of African feminist litigators and strengthening the institutional capacity of its network partner organisations to pursue feminist strategic litigation. Through long-term support, case co-creation, and movement collaboration, the FLN fosters the development and strengthening of strategic litigation units, supports network lawyers to litigate from a feminist lens, and facilitates cross-learning among partners.

This case exemplifies the kind of systemic work the FLN is designed to support —confronting discriminatory legal frameworks and enabling legal interventions that shift entrenched gender norms. ISLA remains committed to working alongside feminist lawyers, movements, and organisations to dismantle legal barriers that reproduce inequality and to expand rights protections through feminist legal theory and practice.

The joint amici curiae were represented by Carolene Kituku and Philly Janet Anyango both alumni of FLN.

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For more information or enquiries contact:

Carolene Kituku – Advocate for the joint amici curiae

ISLA Women’s Socio-economic Rights Lawyer

Email: Carolene @the-isla.org

Philly Anyango Janet – Advocate for the joint amici curiae

Federation of Women Lawyers-Kenya (FIDA-Kenya)

Email: janeta@fidakenya.org

FIDA-Kenya Media Contact – Mark Owuor via owuorm@fidakenya.org