Kenya High Court has ordered the government to urgently respond to a constitutional petition demanding the evacuation of more than 600 Kenyan nationals allegedly stranded in Cambodia under circumstances their lawyers describe as forced labour and deliberate abandonment.
Justice Bahati Mwamuye certified the petition as urgent on Wednesday, imposing strict compliance deadlines on multiple state agencies and directing that all formal responses be filed no later than 27 March 2026. The matter is next scheduled to be mentioned on 13 April 2026, when the court will assess whether the government has complied and will issue further directions.
The petitioners and their claims
The petition was filed by 10 Kenyan nationals — among them Deriars Misiani, Brian Kimani and Callen Mosiango Morang’a — who say they are acting on behalf of themselves and hundreds of compatriots unable to secure their own return. They are represented by human rights advocate Danstan Omari.
According to court filings, the petitioners allege they were recruited by agents who promised legitimate employment opportunities in East Asia, only to be redirected to Cambodia, where they were subjected to what they describe as harsh and exploitative labour conditions. After Cambodian authorities intervened, the workers say they were effectively abandoned — left without valid travel documents, stable housing, food or access to medical care.
The petition further alleges that those stranded endured torture, physical assault, sexual harassment and other forms of cruel, inhuman and degrading treatment — violations that, the petitioners argue, place an affirmative duty on the Kenyan state to act.
“The state has a constitutional obligation to safeguard the rights and dignity of Kenyan citizens even beyond its borders, particularly where there is credible evidence of serious human rights violations,” the petition states.
Government agencies named as respondents
The respondents named in the case include the Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Labour, the Directorate of Immigration Services, the Inspector General of Police, the Chief of Staff and Head of Public Service, and the Attorney General. The Kenya National Commission on Human Rights has been joined as an interested party. KNCHR is expected to file its own submissions ahead of the March deadline.
What the petitioners want the court to order
Among the specific remedies sought, the petitioners are asking the court to compel the government to verify the identities and locations of all affected Kenyans, establish direct consular contact, issue emergency travel documents, and cover reasonable costs for repatriation — including transport, temporary accommodation and food.
Adding urgency to the case, some of those stranded face potential legal action by Cambodian authorities for overstaying their permitted entry period, despite having no means of returning home independently. The petitioners warn that without immediate intervention, the situation could deteriorate further for an already vulnerable population.
A growing regional concern
Human trafficking through deceptive overseas job recruitment has become an increasingly documented phenomenon across East and Southeast Asia, with thousands of Africans reportedly lured annually under false pretences. Kenya government has previously acknowledged the problem but has faced criticism from rights groups over the pace and consistency of its response.
