A Nairobi court has ordered the deportation of a 30-year-old Congolese man, Ndjoli Louison Mvemba, after he was charged and pleaded guilty to being in Kenya unlawfully.
Ndjoli has been charged with being unlawfully present in Kenya contrary to section 53(1)(j) as read with section 53(2) of the Kenya Citizenship and Immigration Act No. 12 of 2011.
According to the prosecution, Ndjoli was arrested on January 16, 2026, by the Directorate of Criminal Investigations (DCI) immigration officers Corporal Kirwa and Corporal Kimani while on their normal patrol duties along Ngong Road.
The officer’s information states that the officers found the teacher in one of the hotels along Ngong Road and noticed he was a foreigner, and when asked to produce his passport, he could not, leading to his arrest.
“Ndjoli Louison Mvemba, on January 16, 2026, at Western Delicacy Hotel – Ngong Road in Nairobi County within the Republic of Kenya, you were found without valid immigration status, rendering you unlawfully present in Kenya in contravention of this Act,” the charge sheet read.
Appearing before Milimani Chief Magistrate Lucas Onyina on Wednesday, January 21, 2026, Ndjoli has pleaded guilty to the offence.
In his defence, Ndjoli told the court he has been in the country since 2017, has been a teacher and has never been arrested for any crime.
Further, he told the court that he has been married to a Kenyan lady since 2020, and they have been blessed with a child.
He urged the court to have mercy on him for not updating his documents on time, promising to work on them given another chance.
“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 update my documents,” the Congolese teacher submitted in court.
“I made a mistake by not updating my documents on time, but I ask for a chance to correct it,” he added.
Magistrate Onyina jailed him for two months, or he pays a Ksh40,000 fine.
However, the prosecution urged the court to issue an order to deport the teacher back to Congo.
“Your Honour, it is our request since he has been given a fine; we ask the court to order the accused be deported back to Congo,” the prosecution told the court.
Court granted the prosecution request and ordered the deportation of the accused back to his country of origin
“The convict is to be repatriated to his country of nationality as provided under section 98(a) of the Penal Code,” Magistrate Onyina ruled.
