Gavel and pens in a courtroom. [Courtesy]

Two Russian nationals have been fined Sh100,000 after they were found guilty of engaging in employment without a work permit.

Kisumu Resident Magistrate Beryl Omollo on Thursday ordered that should Dimitry Klimov and Semen Chirkov fail to pay the fine, they will serve one month in jail.

The two were facing charges of engaging in employment without being authorized by work permit as per the Kenya Citizenship and immigration act 2011.

They had been arrested at Presbyterian Daddy's Community based Organization at Dunga in Kisumu, where they had been volunteering to teach the children word of God.

Their advocate, Mourice Owuor, had pleaded that the accused were on a noble cause.

“These are young travellers who do not have any previous criminal records,” said Owuor.

However, in her judgement, Ms Omollo noted that the two had not demonstrated that they had applied for work permits and special passes to allow them to engage in any employment activities like volunteering at the orphanage.

 

“The upshot is that the accused persons are found guilty for engaging in employment without being authorized by a work permit contrary to section 53(1) (m) as read with section 53(2) of the Kenya Constitution and Immigration Act 2011. The accused persons are convicted under section 235 of the criminal procedure code,” said Ms Omollo.

 

The prosecution led by Maktal Bashir had produced two witnesses; Joseph Kiplimo and Fidel Musee Muasya, who are Chief immigration officers in charge of investigations Nyanza.

Upon testifying in court on July 1, 2019, Kiplimo narrated that on June 14, 2019, some members of the public complained that there were several foreigners at some orphanage in Dunga Beach Kisumu. He, together with other officers took their time to find out.

Muasya added that Dimitry arrived in Kenya through Jomo Kenyatta

 International Airport issued with a one-month tourist visa while Semen entered the country though Moyale with a three-month holiday visa on May 26, 2019.