Legal Battle Tests State Accountability for Migrant Worker Exploitation – With Far-Reaching Implications for Labour Markets and ESG Compliance
By Simnikiwe Hlatshaneni
NAIROBI — In a move with wide-reaching implications for Africa’s labor migration economy, the Employment and Labour Relations Court in Nairobi has admitted the Initiative for Strategic Litigation in Africa (ISLA) and FIDA-Kenya as joint amici curiae in a pivotal case: Legal Advice Centre (Kituo Cha Sheria) & 13 Others v Cabinet Secretary for Labour & Others.
The case could significantly reshape how governments—and by extension, businesses—are held accountable for the protection of citizens migrating for domestic work abroad.
The Core Issue: Who is Responsible for Preventing Trafficking?
The petition alleges that the Kenyan government has failed in its legal obligations to prevent, protect against, and respond to human trafficking for labor exploitation, particularly involving Kenyan women migrating to the Middle East for domestic work.
Petitioners argue the government has not enacted or enforced a legislative framework to safeguard these workers, nor has it adequately supported victims. The case centers on constitutional rights, including protection from slavery, servitude, discrimination, inhuman treatment, and the right to dignity and fair labor practices.
Amici Curiae Seek Legal Clarity on State Accountability
By intervening, ISLA and FIDA-Kenya aim to assist the court in defining the scope of state obligations under the due diligence principle—the idea that states must actively regulate and prevent human rights abuses by private actors such as recruitment agencies and foreign employers.
“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.”
— Joint press statement, ISLA & FIDA-Kenya
Their submission will also help the court understand why trafficking of women for domestic work constitutes a form of systemic discrimination:
“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.”
— Joint press statement, ISLA & FIDA-Kenya
Implications for African States, Corporates, and Supply Chains
The court’s decision could trigger ripple effects across Africa’s labor export economy, especially in countries facing similar challenges—such as Uganda, Ghana, and Ethiopia.
For Governments
This case may help define minimum legal thresholds for migrant protection and clarify what constitutes a failure to act on trafficking.
For Businesses & Employers
The case introduces serious ESG and reputational risks. Recruitment firms, remittance companies, and Gulf-based employers tied to African labor may face heightened scrutiny if courts begin to interpret state inaction as legally actionable within global supply chains.
For the Diaspora
With more than 200,000 Kenyan domestic workers in the Middle East and over $4B/year in remittances at stake, diaspora communities continue to demand stronger consular protection and victim support.
This case is part of ISLA’s broader work through the Feminist Litigation Network (FLN), which supports legal interventions that challenge structural inequality and discriminatory laws.
“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.”
— Joint press statement, ISLA & FIDA-Kenya
The joint amici were represented by Carolene Kituku and Philly Janet Anyango, both alumni of the FLN, a network dedicated to developing feminist legal strategy across the continent.
“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.”
— Joint press statement, ISLA & FIDA-Kenya
