Nairobi, Kenya – More than 600 Kenyan citizens stranded in the Kingdom of Cambodia have moved to the High Court in Nairobi, seeking urgent orders compelling the government to immediately evacuate and repatriate them to Kenya.
In a constitutional petition filed this week, the applicants state that they are trapped in Cambodia without the means to secure return flights and face possible arrest or detention by Cambodian authorities if they fail to exit the country by February 28, 2026. They describe their situation as desperate, citing lack of food, unstable shelter, untreated injuries, and absence of coordinated consular protection.
Allegations of Exploitation and Human Rights Violations
According to the petition, the stranded Kenyans were recruited in Kenya by individuals presenting themselves as employment agents offering legitimate work opportunities across East Asia, including Vietnam, Thailand, and Cambodia. The petitioners claim they paid significant recruitment and travel fees and were provided with travel documents.
Upon arrival, their circumstances reportedly changed drastically. Some were allegedly moved across borders and eventually transported to Cambodia without clear explanation. Once there, they were confined to guarded premises operated by foreign nationals, surrounded by high walls and barbed wire, with passports and communication devices confiscated.
The petitioners allege they were forced to work under harsh and exploitative conditions, including excessively long working hours of up to 16 hours a day, strict performance targets, and punitive measures for failure to meet them. Several sustained serious injuries, require urgent medical attention, and endured extreme food rationing, minimal pay, and degrading living conditions.
When Cambodian authorities later raided the premises, those allegedly operating the scheme reportedly fled, leaving the Kenyans stranded without shelter, income, travel documents, or sufficient support. Attempts to seek assistance from the Kenyan Embassy and other government agencies reportedly yielded minimal help.
Constitutional and International Law Claims
The petitioners argue that the State has failed in its constitutional and statutory duty to safeguard the welfare and protection of Kenyan citizens abroad. They cite multiple constitutional provisions, including:
- Article 28 – Right to human dignity
- Article 29 – Freedom and security of the person
- Article 25 – Freedom from torture or inhuman treatment
- Article 30 – Protection from slavery and forced labour
- Articles 41, 43, 27, 47, 48 – Fair labour practices, socio-economic rights, equality, fair administrative action, and access to justice
Additionally, they point to Kenya’s obligations under international law, including the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights, arguing that the State is bound to prevent trafficking, forced labour, and inhumane treatment.
Relief Sought by Petitioners
The applicants are requesting that the court issue orders compelling the government to:
- Verify the identities and locations of all affected Kenyans in Cambodia and establish direct consular contact.
- Issue emergency travel documents for those without valid passports.
- Facilitate and cover the costs of emergency evacuation, including flights, accommodation, and food, ideally within 48 hours.
- Investigate individuals and networks responsible for the alleged fraudulent recruitment scheme.
- File a status report detailing the number of Kenyans identified, those issued travel documents, evacuation plans, and medical and welfare interventions undertaken.
The petitioners stress that without immediate judicial intervention, they remain exposed to arrest, detention, illness, and further hardship in a foreign country.
Respondents Named in the Case
The petition lists as respondents the Ministry of Foreign and Diaspora Affairs, Ministry of Labour and Social Protection, Directorate of Immigration Services, Inspector General of Police, the ministry responsible for internal security coordination, and the Attorney General. The Kenya National Commission on Human Rights has been joined as an interested party.
The matter is expected to be placed before a High Court judge for directions on conservatory orders and the scheduling of an urgent hearing.
