By Andrew Kariuki
A Nairobi court has fined a Congolese national Ksh40,000 after he admitted to unlawfully being present in Kenya, and directed that he be deported upon payment of the fine or after serving the alternative sentence.
The accused pleaded guilty before Chief Magistrate Lucas Onyina to the offence of remaining in the country without valid immigration documents, contrary to the Kenya Citizenship and Immigration Act.
In mitigation, the man told the court that he has lived in Kenya for more than a decade and is married to a Kenyan citizen, with whom he has a daughter. He urged the court to consider his family ties and long stay in the country when passing sentence.
However, the prosecution maintained that checks by immigration authorities confirmed his status was irregular and that he had no valid permit authorising his continued presence in Kenya.
In his ruling, the magistrate held that while the mitigation raised personal circumstances, the offence had been admitted and the law was clear on the consequences of unlawful stay.
The court imposed a Ksh40,000 fine and ordered that the accused be handed over to immigration authorities for deportation after payment of the fine or completion of the sentence.
