A Kenyan national, Margaret Nduta Macharia, has had her death sentence in Vietnam commuted to life imprisonment.
According to media reports, the Supreme Court in Ho Chi Minh City made the final judicial decision following an appeal, providing a significant reprieve for Nduta and her family.
The Original Case and Public Appeal
Margaret Nduta, 37, was arrested in July 2023 at Tân Sơn Nhất International Airport in Ho Chi Minh City.
She was found with two kilograms of cocaine in her luggage. In Vietnam, drug trafficking carries severe penalties, and those caught with at least 100 grams of narcotics previously faced an automatic death penalty.
On March 6, 2025, a court found her guilty and sentenced her to death.
Her case quickly garnered national attention in Kenya. Her family, particularly her mother, Purity Wangui, appealed to the Kenyan government for intervention.
“I am waiting for some family members to volunteer to accompany me there. It does not matter how long it takes I must see her before they hang her,” her mother said.
The case was also discussed in the Kenyan Parliament, with Nominated MP Sabina Chege raising the issue and calling for the government to take action.
Diplomatic Efforts and Legal Change
The Kenyan government responded with diplomatic efforts to save Nduta. Foreign Affairs Principal Secretary Korir Sing’Oei confirmed that Nairobi had established communication with Hanoi to appeal for a stay of execution and clemency.
“Nduta’s case is complex and difficult but we are doing everything possible within our disposal to secure reprieve for our national,” Dr Sing’oei posted.
These diplomatic efforts, combined with a crucial change in Vietnamese law, proved instrumental.
The decision to commute her sentence came after her appeal benefited from Vietnam’s recent amendments to the Penal Code.
These amendments exempt certain crimes, including drug trafficking, from an automatic death penalty.
A Reprieve under New Law
Under the updated legal framework, most traffickers now receive sentences of up to 40 years in prison instead of the death penalty.
While the initial death sentence was based on the fact that she was found with 2 kilos of narcotics, which is twenty times the previous threshold for the death penalty, the legal amendment provided the legal basis for the Supreme Court to reduce her sentence.
This decision means Nduta will spend the rest of her life in jail, though she may have a chance for clemency at a later stage.
The powers for clemency are vested in the Vietnamese President. The new verdict offers a glimmer of hope to a family that feared the worst, even as it highlights the continued presence of hundreds of Kenyans in foreign jails for similar crimes.
According to data from Kenya’s Ministry of Foreign and Diaspora Affairs, there are about 200 Kenyans in jails across Asia.
by moses sagwe
