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Margaret Nduta: Jailed and Tried in Vietnam Without Legal Representation

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NAIROBI, Kenya- Kenya’s Ministry of Foreign Affairs has confirmed that Margaret Nduta, a Kenyan woman currently imprisoned in Vietnam, was convicted without legal representation—a revelation that has sparked concern over her right to a fair trial under international law.

Foreign Affairs Principal Secretary Dr. Korir Sing’Oei disclosed that a Kenyan diplomatic team, which recently secured travel visas after delays in Bangkok, was finally able to visit Nduta at Ho Chi Minh Prison. 

“We can confirm that while deeply distressed, Margaret is coping and has been treated humanely,” Sing’Oei stated in an official update shared on Friday.

Despite the harsh conditions often associated with foreign prisons, particularly for drug-related offences, Sing’Oei assured that Nduta has not been subjected to mistreatment. 

However, the PS emphasized that Nduta faced trial without legal counsel—raising alarm over the integrity of the proceedings that led to her conviction.

Nduta’s case is now under appeal, with a hearing expected in the coming weeks.

 “Though Margaret was not represented by counsel during trial, an appeal filed a few days ago will be heard soon,” Sing’Oei noted, adding that diplomatic channels remain open as Kenya explores “other options towards resolving this difficult matter.”

The Kenyan government is engaging with its Vietnamese counterparts in a bid to seek a more favorable outcome, though the specifics of these engagements remain confidential. 

Vietnam is known for its stringent drug laws, with some drug trafficking offenses punishable by death, according to Human Rights Watch and other international watchdogs.

Nduta’s situation is reminiscent of similar cases involving Kenyan nationals arrested in Southeast Asia on drug trafficking charges. 

The region’s severe penalties and strict judicial systems make it nearly impossible for foreign nationals to secure leniency without strong legal and diplomatic interventions.

In 2022, a report by the United Nations Office on Drugs and Crime (UNODC) highlighted how many women from developing countries are exploited as drug mules, often without full knowledge of the penalties they face. 

Human rights groups have consistently warned that vulnerable individuals—especially from Africa—are being lured into drug trafficking rings with promises of financial reward, only to find themselves in life-threatening legal predicaments abroad.

Sing’Oei used Nduta’s case to issue a stern warning to Kenyans: “Kenyans are strongly advised not to get tempted or lured into any form of drug or human trafficking. It is an extremely dangerous and costly misadventure.”

The Ministry of Foreign Affairs has reiterated its commitment to assist Kenyan nationals facing legal challenges abroad but stressed that prevention through public awareness remains the most effective strategy.

Civil society organizations, including the Kenya Human Rights Commission (KHRC), have called for a comprehensive review of how Kenyan embassies support citizens facing criminal charges overseas, particularly in cases where due process may have been compromised.

As Nduta awaits her appeal hearing, her fate hangs in the balance, while her case ignites debate about legal protections for Kenyans abroad and the broader issue of cross-border drug trafficking.

Nduta was arrested in late 2023 at Tan Son Nhat International Airport in Ho Chi Minh City, Vietnam. 

Authorities allege she was found in possession of narcotics concealed in her luggage. 

She was charged with drug trafficking, a serious offence in Vietnam that carries severe penalties, including possible death. 

Nduta claimed she was unaware of the contents of the package she was carrying.

Joseph Muraya
Joseph Muraya
With over a decade in journalism, Joseph Muraya, founder and CEO of Y News, is a respected Communications Consultant and Journalist, formerly with Capital News Kenya. He aims to revolutionize storytelling in Kenya and Africa.

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