The fate of Margaret Nduta who was condemned to death in Vietnam for drug trafficking related charges hangs in the balance after the government said Kenya should not be seen as supporting drug trafficking on the international stage. 

Prime Cabinet Secretary and Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi yesterday made it clear that the government does not intend to market Kenya as a conduit for illicit trade, whether drugs or human trafficking, or any other contraband, or even illicit firearms. 

Mudavadi warned Kenyans stepping out into the diaspora to be careful not to fall into the trap of engaging in any illegal activity. 

“We want responsible Kenyans at home, and we equally want responsible Kenyans in the diaspora, in whatever country you are in,” the PCS said. 

“We are not trying to say she’s (Nduta) guilty or not guilty, other than what we have as a record from the judicial process in Vietnam. Remember that the moment you board a plane and the wheels have lifted, when you land in whatever country you are going into, the laws that apply are not Kenyan laws. They are the laws of that respective country,” he said. 

Authorities in dilemma 

In what appears to be a complicated diplomatic issue for Nduta that puts Kenyan authorities in a dilemma, Mudavadi said Vietnam has got its own judicial processes different from Kenya’s. 

Additionally, he emphasised that the Kenyan government is walking a tightrope so as not to be seen as supporting drug trafficking, a move that would greatly taint the country’s image. 

Noting that there are other ongoing cases of drug trafficking involving Kenyans such as the Akasha brothers who are incarcerated in the US on drug-related matters, Mudavadi fell short of implying that Nduta could ultimately pay the price of her conviction despite the efforts to rescue her by the government. 

“If indeed it’s the case, it will not be the first one, because there are others. But all lives matter, and all we can say at this stage is that we hope we can find a solution to this (matter),” he added. 

Contradicting information 

Mudavadi’s position contradicts that of his Principal Secretary Korir Sing’oei who on March 16 said the government was making every possible effort to save Nduta’s life. The PS said he had a telephone conversation with Nguyen Minh Hang, Deputy Minister of Foreign Affairs of Vietnam over the matter and was assured the matter was under consideration. 

“I am grateful for Madam Hang’s assurance that our Petition is under consideration by her country’s authorities. In the meantime, our Mission in Bangkok is actively following up the case in Situ,” he posted on X. 

Yesterday, Nduta’s family pleaded with the government to have her brought back home where she can serve alternative sentence. 

While appreciating the efforts to save the daughter from being executed, her mother Purity Wangari said she will only be relieved if she gets back to the country. 

Wangari said though she has not had any direct communication with her daughter, she is banking on the assurance from the government that it’s doing everything possible to save her life. 

Nduta’s sister Rosemary Wambui said Nduta had been promised a job opportunity in Vietnam to work as a house help and a local agency was to take her there. 

However, on the day she was to leave the country through the Jomo Kenyatta International Airport, she missed her flight and had to travel to Ethiopia by bus. 

Wambui said their in their last conversation with Nduta, the latter told her she was feeling dizzy and having a severe headache she was looking for painkillers and she did not hear from her again. The family still believes this was a set up that saw their daughter get into trouble with the Vietnamese government. 

Nominated MP Sabina Chege who visited the family said there are a lot of negotiations going on and called for patience from the family and the public. 

Chege said she will be tabling a motion in the national assembly to have all the agencies which take people outside the country scrutinised to weed out the rogue ones. 

Mudavadi also said some 1,000 Kenyans are facing incarceration for various offences in different countries, adding that some of the cases are misdemeanours while others are serious offences. 

The Prime Cabinet Secretary said the government is in the process of gathering data from countries with Kenyan prisoners, blaming some victims for not declaring officially that they are travelling abroad. 

“They travel of their own volition, it is their right, and they can go to whichever country they can go to, as long as they have their visas approved by those respective countries,” he said. 

The PCS threw the burden of responsibility to Kenyans travelling abroad urging them to exercise extra caution when interacting with other travellers so as not to fall for shady deals and also take care of their luggage from strangers. 

“Remember that the moment you board a plane and the wheels have lifted, when you land in whatever country you are going into, the laws that apply are not Kenyan laws. They are the laws of that respective country,” he said. 

The CS hinted that Kenya is exploring bilateral agreements that would permeate the exchange of prisoners with countries where Kenyans have been jailed. 

“We have a process where we are also working on instruments that are being negotiated by the Ministry of Foreign Affairs and the Attorney General’s Office so that we can have mutual agreements on even how to deal with the exchange of prisoners. We have to talk to each country separately because rules may be different that would allow mutual exchange of those who either have almost concluded their term or they are about to end,” he said.