Kenyan national Margaret Nduta Macharia faces an uncertain and potentially irreversible fate after a Vietnamese court sentenced her to death for drug trafficking.

On March 6, 2025, the 37-year-old was convicted of smuggling over 2 kilograms of cocaine through Tân Sơn Nhất International Airport in Ho Chi Minh City.

Despite her claims of being tricked, the court handed down the harshest punishment under Vietnam’s uncompromising drug laws.

With limited avenues for appeal and a legal system known for its zero-tolerance approach, Nduta’s chances of avoiding execution appear slim.

Here are five reasons why she may never win an appeal in Vietnam.

1. Vietnam’s Strict Liability Approach

Vietnamese drug laws operate under a strict liability framework, meaning a defendant’s intent or knowledge of the crime is often deemed irrelevant.

Although Nduta claimed she was unaware of the drugs hidden in her suitcase, prosecutors argued that ignorance is no defense.

Under Vietnam’s Penal Code, trafficking more than 600 grams of heroin or cocaine carries an automatic death sentence.

2. Limited Success of Appeals

While death sentences in Vietnam are subject to automatic review by the Supreme People’s Court, successful appeals are rare.

The appellate system typically upholds lower court rulings, especially in drug-related cases where the evidence is considered irrefutable.

Nduta’s legal team argues that she was manipulated by a Kenyan man known only as “John,” but the court rejected this defense during her trial.

3. Vietnam’s Harsh Stance on Drug Crimes

Vietnam ranks among the countries with the harshest penalties for drug offenses.

Since transitioning to lethal injection in 2013, the nation has maintained a high rate of executions for drug-related crimes.

Human rights groups have criticized Vietnam for its harsh drug laws, but the government remains firm in its belief that severe punishments serve as a deterrent to traffickers.

4. Foreign Nationals Are Not Exempt

Unlike some countries where foreign nationals receive diplomatic consideration, Vietnam applies its drug laws without distinction.

Over the years, several foreigners have faced the death penalty for drug trafficking.

Nduta’s conviction reflects a broader trend where low-level drug couriers, rather than the masterminds behind trafficking networks, bear the brunt of the legal consequences.

5. Limited Diplomatic Influence

Despite mounting pressure from the Kenyan government and public, diplomatic intervention in Vietnam’s judicial system is challenging.

Kisii Senator Richard Onyonka has urged President William Ruto to negotiate for Nduta’s clemency or facilitate a transfer to serve her sentence in Kenya.

However, Vietnam has a long-standing policy of resisting external influence in its legal decisions, especially when it comes to drug-related offenses.

A Race Against Time

Nduta’s family remains hopeful that international pressure may lead to a reprieve, but time is running out.

Without a successful appeal or a rare act of clemency from Vietnam’s president, she faces the grim reality of execution by lethal injection.

Her case has sparked global attention, highlighting the severe consequences of Vietnam’s drug policy and the fragile position of foreign nationals caught in its legal system.