More than 600 Kenyan citizens stranded in the Kingdom of Cambodia have moved to the High Court in Nairobi seeking urgent conservatory orders to compel the government to immediately evacuate and repatriate them to Kenya.

In a constitutional petition, the applicants state that they are currently stranded in Cambodia without the means to secure return flights and are facing possible arrest and 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.

 Ministry of Foreign and Diaspora Affairs have been named as respondents in the case.

Through lawyer Danstan Omari the petitioners argue that they  failed in its constitutional and statutory mandate to safeguard the interests, welfare and protection of Kenyan citizens abroad.

 Also sued is  Ministry of Labour and Social Protection, the Directorate of Immigration Services, the 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 in the proceedings as an interested party, given its constitutional role in monitoring, investigating and providing redress for human rights violations.

According to the petitioners they  argue that they were recruited from Kenya by individuals who presented themselves as employment agents offering job opportunities in East Asia, including Vietnam, Thailand and Cambodia.

 They claim the agents gave verbal assurances of legitimate employment across various sectors ranging from casual to skilled labour.

The petitioners state that they paid significant recruitment and travel fees and were facilitated with travel documents to depart Kenya at different times.

 However, upon arrival in the region, they allege that their circumstances abruptly changed. Some say they were transferred across borders and eventually transported to Cambodia without clear explanation.

Once in Cambodia, they claim they were escorted by unknown individuals to guarded premises allegedly operated by foreign nationals. They describe the premises as being surrounded by high perimeter walls and barbed wire, effectively restricting movement and preventing escape.

They further allege that their passports and communication devices were confiscated immediately upon arrival. The petitioners state that they were compelled to work under harsh and exploitative conditions, including excessively long working hours extending up to 16 hours a day, strict performance targets and punitive measures for failure to meet those targets.

The court documents detail claims of physical abuse, severe mistreatment and intimidation. Several petitioners reportedly sustained serious injuries and are said to require urgent medical attention. They also describe extreme food rationing, minimal or non-existent pay and degrading living conditions.

The petitioners state that Cambodian authorities later conducted a raid on the premises, prompting those allegedly running the operation to flee. However, instead of relief, the Kenyans say they were left stranded in a foreign country without shelter, income, travel documents or adequate support.

They claim that they have since been huddled in temporary shelter arrangements and are surviving under difficult conditions. The petitioners argue that they have reached out to Kenyan authorities and the Kenyan Embassy in the region but have received minimal assistance.

They also take issue with public statements allegedly suggesting that they have declined to return to Kenya, terming such claims misleading and damaging to their credibility and safety.

The petitioners cite Articles 2, 10, 19, 20 and 21, arguing that all State organs are bound to observe, respect, protect, promote and fulfil the Bill of Rights.

They allege violations of their rights to human dignity under Article 28, freedom and security of the person under Article 29, freedom from torture and cruel, inhuman or degrading treatment under Article 25, and protection from slavery, servitude and forced labour under Article 30.

They further cite Article 41 on fair labour practices, Article 43 on socio-economic rights including health, food, housing and emergency medical treatment, Article 27 on equality and freedom from discrimination, Article 47 on fair administrative action and Article 48 on access to justice.

Additionally, the petition references 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 and respond effectively to situations involving trafficking, forced labour and inhuman treatment.

The petitioners contend that by failing to take prompt, effective and coordinated measures to verify their identities, secure their safety, issue emergency travel documents and facilitate their evacuation, the Respondents have violated and continue to threaten their fundamental rights.

They are asking the High Court to issue orders compelling the Ministry of Foreign and Diaspora Affairs, in coordination with other State agencies, to immediately verify the identities and locations of all affected Kenyans in Cambodia and establish direct consular contact.

They seek an order requiring the Directorate of Immigration Services to issue emergency travel documents or any necessary temporary travel papers to those without valid passports.

Further, they want the government to facilitate and meet the reasonable costs of emergency evacuation and repatriation, including air tickets, transit, accommodation and food, within a timeline to be fixed by the court, including a proposed 48 hour period.

They are also seeking an order directing relevant authorities, including security agencies, to commence investigations into individuals and networks involved in the alleged fraudulent recruitment scheme that led to their departure from Kenya.

Finally, they have asked the court to compel the Ministry of Foreign and Diaspora Affairs to file a status report detailing the number of Kenyans identified, the number issued with travel documents, the evacuation plan and timelines, and medical and welfare interventions undertaken.

The petitioners maintain that without urgent judicial intervention, they remain exposed to arrest, detention, illness and further hardship in a foreign jurisdiction. The matter is expected to be placed before a High Court judge for directions on conservatory orders and the scheduling of an urgent hearing.