The recent sentencing of 37-year-old Kenyan Margaret Nduta Macharia to death in Vietnam has ignited international concern over the Asian country’s rigid drug enforcement policies.
Nduta was convicted on March 6, 2025, after being found guilty of smuggling more than 2 kilograms of cocaine through Tân Sơn Nhất International Airport in Ho Chi Minh City.
The case, which has spurred diplomatic calls for clemency, underscores the uncompromising stance Vietnam takes against drug offences.
Here are five alarming facts about the nation’s drug policy and its implications:
1. Death penalty for drug trafficking
Vietnam enforces some of the harshest drug laws globally.
Under the Vietnamese Penal Code, trafficking over 600 grams of heroin or cocaine, or more than 2.5 kilograms of methamphetamine, carries a mandatory death sentence.
In Nduta’s case, authorities discovered over 2 kilograms of cocaine concealed in a hidden compartment of her suitcase.
Despite her claim that she was unaware of the drugs, prosecutors argued that ignorance is no defence under Vietnamese law, which emphasizes strict liability for drug-related crimes.
2. Execution by lethal injection
While many nations are moving away from capital punishment, Vietnam continues to implement the death penalty.
Since 2013, the country has shifted from firing squads to lethal injection as the primary method of execution.
Human rights organizations have long criticized this practice, arguing that it violates international standards on the right to life.
3. Limited avenues for appeal
Convicted individuals facing the death penalty in Vietnam have restricted options for appeal.
Although death sentences are subject to review by the Supreme People’s Court, successful commutations remain rare.
In Nduta’s case, her legal team contends that she was manipulated by a man identified only as John whom she claimed recruited her to deliver the suitcase in exchange for $1,300 (Ksh168,571).
Vietnamese courts, however, maintain a stringent approach to claims of coercion or ignorance, rejecting Nduta’s defence and upholding the capital sentence.
4. Foreign nationals not spared
Vietnam applies its drug laws indiscriminately to both citizens and foreigners.
In recent years, several foreign nationals have been sentenced to death for similar offences.
Nduta’s conviction adds to a growing list of international drug couriers who face the ultimate penalty in Vietnam, raising concerns over the rights of foreign detainees and the transparency of their trials.
Back in Kenya, Nduta’s family has made emotional appeals to the government for diplomatic intervention.
Kisii Senator Richard Onyonka has urged President William Ruto to engage Vietnam to seek clemency or facilitate Nduta’s transfer to serve her sentence in Kenya.
5. Diplomatic pressure and public outcry
Nduta’s case has prompted an outpouring of public concern in Kenya and beyond.
Advocacy groups argue that vulnerable individuals, particularly those from economically disadvantaged backgrounds, are often exploited by international drug syndicates.
They also warn that Vietnam’s harsh sentencing disproportionately affects couriers rather than the masterminds behind global drug trafficking networks.
With each passing day, the clock ticks toward an uncertain fate for Margaret Nduta – a case that serves as a stark reminder of the unforgiving nature of Vietnam’s drug policy and the global debate on capital punishment.
Martin Oduor
The alchemist of literary works – a master wordsmith with a proven record of transforming the raw materials of language into a rich tapestry of emotion, thought, and imagination.
