Congolese teacher imprisoned for unlawful stay in Kenya

-

A Nairobi court has sentenced a Congolese national to two months’ imprisonment, or alternatively fined him Sh40,000, after he pleaded guilty to unlawfully staying in Kenya without valid immigration documentation.

The accused, Joli Liuson Vhemba, admitted the charge and confirmed that the facts presented by the prosecution were correct.

The prosecution told the Milimani magistrate court that on January 16, 2026, immigration officers stopped Vhemba and asked him to produce his passport.

Vhemba failed to do so, raising suspicion that he was in the country unlawfully. He was subsequently escorted to the Directorate of Criminal Investigations (DCI) offices for further questioning.

Investigations at the DCI established, through immigration system records, that Vhemba entered Kenya on February 10, 2025.

 The prosecution said he had failed to update his immigration status since then, rendering his continued stay in the country unlawful. His passport was later recovered on January 17, 2026, confirming the offence.

When asked by the court why he remained in Kenya and whether there was conflict in his country, Vhemba said he is from Kinshasa in the Democratic Republic of Congo. 

He explained, “Although there is war in some parts of the country, the capital city remains stable.”vhemba said

The prosecution urged the court to treat the accused as a first offender, noting that he had no previous criminal record.

In mitigation, the 30-year-old told the court that he has lived in Kenya since 2017 and has never been arrested. 

He said he has worked as a teacher and in 2019 participated in a performance at Kabarak, where he was recognised as the best teacher.

Joli Liuson Vhemba before Milimani law courts on January 21,2026.

Vhemba further informed Chief Magistrate Lucas Onyina of Milimani magistrate court that, 

“I married a Kenyan citizen in 2020 and we have a child. My in-laws are here in court today. I request the court to allow me to regularise my documents.”he informed the court.

Vhemba pleaded with the court for leniency, explaining that his offence arose from failure to update his immigration documents on time. 

“I made a mistake by not updating my documents on time, but I ask for a chance to correct it,” he said.

The court convicted him on his own plea of guilty and imposed a fine of Sh40,000 or, in default, two months’ imprisonment. He was informed of his right to appeal within 14 days.

Comments

Post a Comment

We appreciate your feedback! Share your thoughts in the comments.

Popular posts from this blog

Court lifts bans on Marie Stopes Kenya abortion services

-
Image
The High Court at Milimani has struck down three directives that had barred Marie Stopes Kenya from offering abortion services, post-abortion care, and related health information, delivering a major victory for women, adolescents, and marginalized groups. The directives, issued by the Kenya Film Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC), and the Director of Medical Services (DMS), had sparked a legal battle spanning more than seven years. The case was filed by the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja, represented by the Center for Reproductive Rights, before Justice Chacha Mwita. A photo of Milimani law courts Nairobi/Photo/File The petitioners argued that the directives violated the Constitution and denied women and young people access to essential sexual and reproductive health information. The dispute dates back to August 2018 when Marie Stopes Kenya, in partnership with Radio Africa Group,...
Read more

Court suspends Sh325bn Kenya–US health pact following Omtatah's petition

-
Image
 The High Court has suspended the implementation of a $2.5 billion (sh 325 billion) health cooperation framework between Kenya and the United States following a constitutional petition filed by Busia Senator Okiya Omtatah Okoiti.  The petition, filed as PET E816 of 2025, challenges the legality of the agreement signed on December 4, 2025. Omtatah sued Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Musalia Mudavadi, the Cabinet Secretary for Health, the National Treasury, and the Attorney General, accusing the government of bypassing public participation, Parliament, and data protection safeguards. Omtatah argues that the deal was negotiated and signed in Washington DC without public disclosure or consultations, contrary to Articles 10 and 118 of the Constitution, despite its far-reaching implications on public health policy, taxation, and personal medical data. In Courts. Although described as a “framework,” Omtatah contends the agreement is in substance a b...
Read more

Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search

-
 Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search The High Court in Kiambu has found Cleanshelf Supermarket Limited liable for violating the dignity and privacy of a customer after she was subjected to a public bag search inside one of its branches.  In a judgment delivered on October 31, 2025, Justice A. Mshila ruled that the supermarket failed to follow its own internal loss control procedures, resulting in an unlawful and humiliating experience for the customer, Evelyn Kagwiria Anampiu. “The manner in which the search was conducted was improper and amounted to a violation of the Petitioner’s rights to dignity and privacy as enshrined in the Constitution,”stated Justice A. Mahila. The petitioner told the Court that she was stopped and searched in full view of other customers, attracting unnecessary public attention and causing her embarrassment. She argued that the conduct of the supermarket staff infringed on her rights as enshrined under Ar...
Read more