Situations When Govt Cannot Negotiate for Repatriation of Citizens- Experts

Kenyan citizens have over the years travelled to various nations for different reasons, including official duties and employment opportunities.

In some cases, however, some Kenyans found themselves on the wrong side of the law in their host countries.

A notable example is the case of Margaret Nduta, who was arrested in Vietnam for possession of 2 kg of cocaine. As a result, Vietnam’s People’s Court sentenced her to death.

The Kenyan government is currently in talks with the Vietnamese authorities to secure Nduta’s repatriation. However, the state has acknowledged that her case is complex.

The Kenya Times consulted international relations experts to explore the circumstances under which a government cannot negotiate for the repatriation of its citizens.

According to lawyer and Governance Expert Javas Bigambo, one situation where a government may find it difficult to negotiate a citizen’s repatriation is when the individual has traveled as a private citizen and violated the host country’s laws.

Situations Where Repatriation May Fail

This is in line with existing repatriation protocols, bilateral agreements, and guidelines outlined in the Geneva Convention.

“First, countries have repatriation protocols and agreements, and there’s also the Geneva Convention, which sets guidelines for diplomatic relations,” Bigambo explained.

“If a diplomat or security personnel on official duty violates the laws of the host country, diplomatic immunity may apply. Diplomatic status can only be waived if the sending country agrees to it. However, private citizens do not enjoy diplomatic immunity or protection.”

Further, Javas explained that the issue surrounding Nduta is quite difficult for the Kenyan government to solve since she went there as a private citizen and only leniency from Vietnam can save her.

“Kenya will have to plead for leniency through the powers, which means through the executive of Vietnam. And they are not duty bound to respond to Kenya’s request, because that was a private citizen, not a diplomat,” Bigambo explained.

War Between Countries Can Make Prisoners Return to Their Countries Difficult 

Bigambo added that repatriation negotiations can also fail when the two countries involved are at war, particularly when prisoners of war are involved.

“In a war situation, diplomatic protocols often break down. For example, conflicts like those between Russia and the US or Israel and Hamas complicate repatriation efforts. When a citizen is considered a prisoner of war, the host country may refuse to negotiate repatriation altogether.”

Dr. Anita Kiamba, an International Relations and Security expert, also weighed in on the issue, saying that a government may be unable to negotiate the repatriation of its citizens with nations with whom it cannot exchange prisoners.

Dr. Kiamba also noted that another circumstance where a government may be unable to negotiate on behalf of its citizen is when the individual, while of sound mind, willingly participates in criminal acts without being under duress.

Also Read: What Next for Margaret Nduta? Execution Date Passes Amid New Revelations

In addition to these circumstances, negotiations for repatriation can also be complicated when both governments do not have close diplomatic ties.

“For example, we recently saw a situation where some Turkish nationals were repatriated from Kenya to Turkey. It caused a media furore at the time,” Bigambo explained.

“That repatriation was possible because of an agreement and a government-to-government decision, not involving private citizens. When two governments have repatriation protocols that favor their diplomatic relations, returning a citizen to their home country becomes much easier.”

Other Situations Where Cannot Negotiate on Behalf of Citizens Govt

According to Dr. Kiamba other situations where citizens may fail to be repatriated in reference to Margaret Nduta’s situation include ;

• lack of legal redress and representation (from Kenya or legal defense from Vietnam )
• When the prisoner cannot provide further details on the other actors e.g recruiters. This may be used to limit her sentence from death to life sentence.

Margaret Nduta was due for execution through lethal injection on March 17, 2025, in Vietnam.

Also Read: Saving Margaret Nduta: Kenya’s Last Push to Stop Her Execution in Vietnam

However, a last-minute intervention by President William Ruto’s government led to the postponement of her death sentence.

Her mother, Purity Wangari, while speaking to the media confirmed that Margaret is still alive and expressed hope for her return to Kenya.

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