By : Rhoda Bogeta
A Nairobi court has fined a Congolese national Sh40,000 for unlawfully being present in Kenya, after he admitted the charge.
The accused, Ndjoli Louison Mvemba, pleaded guilty before Chief Magistrate Lucas Onyina to an offence contrary to Section 53(1)(j) as read with Section 53(2) of the Kenya Citizenship and Immigration Act, 2011.
According to the charge sheet, Mvemba was arrested on January 16, 2026, at Western Delicacy Hotel along Ngong Road in Nairobi County.
The prosecution told the court that the accused was found within the Republic of Kenya without a valid immigration permit, pass or authority, rendering his stay unlawful.
In mitigation, Mvemba asked the court for leniency, stating that he has lived in Kenya for over 10 years. He further told the court that he is married to a Kenyan woman and that they have a daughter together.
“I have been in the country since 2017 and I have never been arrested before. In 2020, during the Covid-19 period, I lost my job as a french teacher and later married a Kenyan woman, and we have one child together,” Mvemba told the court.
“I am sorry for failing to renew my passport on time. I am already in the process of renewing it and I pray the court gives me a last chance. I will not repeat the offence,” he added.
However, the court having considered the mitigation, noted that the accused’s immigration status remained irregular.
Chief Magistrate Onyina fined the accused Sh40,000 or, in default, to serve a custodial sentence of two months as provided by law.
The court further ordered that upon payment of the fine or completion of the sentence, the accused be repatriated to his country of origin.
