In a move that has shocked international law enforcement, U.S. President Donald Trump has announced his intention to grant a full pardon to former Honduran President Juan Orlando Hernández, a man his own prosecutors convicted of turning his country into a "narco-state."

The decision creates a jarring contrast in American foreign policy. For Kenya, a nation on the frontlines of combating narcotics trafficking in East Africa and a close partner with U.S. agencies, this pardon undermines the very principles of justice and accountability that form the bedrock of years of bilateral cooperation.

Hernández, known as JOH, was sentenced in a New York court in 2024 to 45 years in prison for facilitating the smuggling of over 400 tons of cocaine into the United States. Prosecutors laid bare how he accepted millions of dollars in bribes from cartels, including from infamous Mexican drug lord Joaquín “El Chapo” Guzmán, to finance his political career and protect drug shipments. One prosecutor argued Hernández had "paved a cocaine superhighway to the United States."

A Tale of Two Policies

Trump’s planned clemency for Hernández stands in stark opposition to his administration's aggressive posture towards other leaders accused of similar crimes. The U.S. has labeled Venezuelan President Nicolás Maduro a "narco-terrorist," placing a $50 million (approx. KES 6.5 billion) bounty on his head for allegedly leading a drug cartel.

This apparent double standard has left many, including a U.S. Drug Enforcement Agency (DEA) agent who reportedly called the move "lunacy," questioning the strategy behind America's global war on drugs. Defending his decision, Trump stated that Hernández was "treated very harshly and unfairly," a claim that contradicts the extensive evidence presented by his own Justice Department.

Key accusations that led to Hernández's conviction include:

• Partnering with violent drug organizations in Honduras, Mexico, and elsewhere.
• Using his nation's military and police to protect cocaine shipments.
• Accepting millions in bribes to fund his political campaigns and enrich himself.
• Conspiring to smuggle at least 400 tons of U.S.-bound cocaine since 2004.

Implications for Kenya's Drug War

The pardon sends a chilling message to nations like Kenya, where cooperation with the U.S. DEA is crucial for tackling transnational drug networks. Just this year, Kenya's National Police Service signed a new Memorandum of Understanding with the DEA to enhance joint operations and intelligence sharing. This partnership was instrumental in the successful extradition and conviction of the Akasha brothers, who ran a sprawling narcotics empire from Mombasa.

The extradition of the Akashas was a landmark victory, demonstrating that no one was beyond the reach of the law. Pardoning a convicted head of state for similar, if not larger, crimes threatens to erode that progress. It raises the critical question for Kenyan law enforcement: if a 'narco-president' can be forgiven, what does that mean for the foot soldiers and kingpins they risk their lives to apprehend?

As one analyst noted, the fight against the global drug trade cannot be won by a single country; it relies on trust and consistent application of the law. Trump's decision to pardon Hernández puts that very trust in jeopardy, leaving allies to wonder whose side the U.S. is truly on.