Kenyans abroad face harsh justice

A growing number of Kenyans are questioning what they see as a stark imbalance in how justice is administered to Kenyans committing crimes abroad versus foreigners who commit offences in Kenya.

While foreign nationals accused of wrongdoing in Kenya sometimes receive measured or even lenient treatment, Kenyans on the wrong side of the law abroad often face harsh conditions, prolonged detention, or limited chances of repatriation.

This contrast has become increasingly evident as several high-profile cases unfold both at home and overseas, generating public concern and renewed calls for reciprocity in diplomatic and legal processes.

The experience of Stephen Munyakho in Saudi Arabia remains one of the most painful reminders of how daunting foreign justice systems can be for ordinary Kenyans. Munyakho spent more than 13 years on death row after a workplace dispute escalated into a fatal confrontation.

His fate hovered dangerously close to execution dates that were postponed only through sustained diplomatic pressure. Ultimately, his release required a massive Sh129.5 million blood-money settlement, far beyond the means of an average Kenyan family, highlighting the heavy burden on both state and private actors to save a citizen trapped in another country’s legal system.

For many Kenyans, his ordeal symbolises how unforgiving foreign jurisdictions can be, especially for migrant workers with limited resources and minimal legal protection.

This sense of vulnerability is echoed in the stories of many Kenyans deceived into travelling to Southeast Asia by fraudulent job recruiters, only to be trafficked into cyber-scam compounds in Myanmar and other regions. Returnees describe conditions that blur the line between forced labour and modern slavery, complete with surveillance, threats, and corporal punishment for failing daily targets.

A few have returned home through government intervention, but dozens more remain stranded, showing how difficult it is to extract Kenyan nationals once they fall into the grip of foreign criminal networks or hostile jurisdictions.

According to a Ministry of Foreign Affairs report, over 1,000 Kenyans are currently detained abroad and facing incarceration.

“I can tell you that in different countries today, we have about 1,000 Kenyans facing incarceration,” said Prime Cabinet Secretary Musalia Mudavadi earlier this year. He, however, cautioned Kenyans to avoid falling into traps, noting that once one commits crimes abroad, the laws of that specific country will apply.

“One thing I have been telling young Kenyans is that the moment you board that plane and land in another country, the laws that apply are those of that respective country, not the country of origin. Respect the laws,” he said.

Despite government efforts, repatriation remains slow, complex, and heavily dependent on the goodwill of foreign authorities.

While Kenyans abroad fight for survival in foreign justice systems, many citizens argue that foreign nationals who commit offences in Kenya often encounter a more forgiving environment.

A recent incident in Diani crystallised these frustrations. A Dutch national was filmed verbally abusing police officers, blowing his nose towards them, and wiping mucus on an officer’s uniform inside a police station. Despite the gravity of the disrespect and potential criminality, the public response focused largely on condemnation and praise for the officers’ restraint. Many Kenyans pointed out that a local citizen engaging in similar behaviour would likely have faced swift and uncompromising consequences.

This discrepancy has sparked accusations that some foreigners assume a sense of impunity within Kenyan borders, emboldened by the softer hand with which they are handled.

A similar controversy erupted in Eldoret when a Chinese manager at a mabati factory was captured on video assaulting a Kenyan worker. In both cases, no serious charges were imposed. Worker unions and labour advocates demanded immediate legal action and deportation, while authorities primarily issued diplomatic statements and terminated the manager’s employment.

“This is a gross violation of the right and dignity of Kenyan workers, and COTU will not stand by as our people are subjected to humiliation in their own country,” lamented COTU secretary-general Francis Atwoli.

Critics argue that if roles were reversed, and a Kenyan abroad assaulted a foreign supervisor, the repercussions would likely be severe and immediate. The labour movement has since renewed calls for closer monitoring of foreign investors and stricter enforcement of local labour laws to ensure Kenyan workers are not left vulnerable to abuse.

These contrasting realities have fuelled a growing perception that while Kenya adheres strictly to international norms in its treatment of foreigners, its own citizens abroad do not enjoy similar fairness or compassion. Supporters of Kenya’s approach argue the country must maintain diplomatic tact to protect economic interests and international image, but many Kenyans feel diplomacy should not come at the cost of justice or dignity.

They insist that if Kenyans abroad are subjected to unforgiving legal systems, Kenya should apply firmer and more reciprocal measures when foreign nationals break local laws.

The conversation continues to intensify as more cases surface, reinforcing the sense that Kenya is fighting an unequal battle in protecting its citizens overseas while extending a gentle, sometimes overly cautious hand to foreigners within its borders.

Whether through policy reform, stricter law enforcement, or more assertive diplomatic negotiations, many are now urging the government to correct what they see as an imbalance of justice—one that leaves Kenyans exposed abroad while allowing some foreign offenders at home to walk the line with relative ease.