How Do Societal Attitudes Shape Our Understanding of Justice?

Margaret Nduta’s case has resurfaced due to her upcoming execution, raising a lot of concerns from people. The 37-year-old Kenyan, has been sentenced to death in Vietnam for drug trafficking. This is after she was arrested in July 2023 at Ho Chi Minh City Airport with more than two kilograms of cocaine hidden in a suitcase.

Some people argue that the execution is an unjust fate for a desperate woman caught in an international drug network. Others argue that it is a necessary consequence of a crime that carries a known risk.

But beyond these divided opinions lies a much deeper issue: Kenyans struggle to understand the reality of execution and what justice and accountability mean.

Vietnam has been known to have some of the harshest drug laws in the world. Traffickers caught with more than 600 grams of cocaine or heroin face a death sentence, compared to Kenya, where capital punishment is rarely enforced.

In Kenya, there is a growing perception that our system often allows those in positions of power to evade accountability, while individuals from vulnerable backgrounds face significant challenges within the justice system. This complex reality can influence our understanding and response to cases like Nduta’s, highlighting the need for a more equitable approach to justice for all members of society.

However, this reality is deeply rooted in Kenyans' deep-seated resentment toward the powerful always escaping justice. Over time, this resentment has led to the growth of leniency towards ‘vulnerable ‘criminals like petty thieves because they are viewed as victims of circumstance rather than hardened criminals.

This selective empathy has clouded our perception of justice, raising the question of whether we are being fair or projecting the failures of our justice system.

A common defence tactic among traffickers is that they were unaware they were smuggling drugs. Nduta’s family insists she was tricked, a narrative seen in many cases. However, past smuggling cases suggest that many traffickers are fully aware of their actions but rely on this argument when caught.

The challenge lies in determining who is innocent and who is just playing the system. This argument of whether was she tricked into carrying the drugs or was she aware of what she was doing has sparked a conflicting argument on social media platforms where many have argued that Nduta is just a pawn in a much larger network.

The concern of Nduta facing execution while the high figure is free mirrors a pattern we have seen before in our system, where small minds suffer the consequences of the high figures.

Kenya has had its fair share of drug lords who walk free while small-time offenders bear the brunt of the law. Take the case of the Akasha brothers—drug kingpins who operated in Kenya for years until they were extradited to the U.S. for trial.

Had they faced a Kenyan court, would they have been held accountable? Or would they have found their way back into society like corrupt politicians elected to office despite facing criminal charges?

Our struggle with justice runs deep. We demand punishment against crimes, yet we celebrate those who evade it. High-profile corruption cases fill the headlines of newspapers, yet convictions are often rare, and if they are convicted, they always find a way to evade the punishment.

When someone like Nduta faces execution, we are forced to confront an uncomfortable reality—justice is swift elsewhere, while at home, it is selective and slow.

Nduta’s case raises a hard question that we as a society need to answer -are we indeed against the death penalty, or are we just uncomfortable with accountability when it finally happens? Have we become so disappointed with our legal system that when justice is served, we struggle to recognize it?