By Wanja Waweru
A boda boda driver who was caught carrying a bogus military identification card that claimed to be from the Kenya Defence Forces (KDF) has been granted a reprieve after the court released him.
Gabriel Owino, who pleaded guilty to charges of creating a document without authorization in violation of section 357(a) of the penal code, had on Friday begged with Principal Magistrate Hellen Okwani at the Makadara Law Courts not to sentence him to incarceration.
Mr. Owino had acknowledged that, on an unspecified date in February of this year, he had made a KDF certificate of appointment along River Road in Nairobi’s CBD.
Additionally, he admitted guilt to a charge of having contraband government supplies to section 324 (2) of the penal code.
The crime of possessing government shops includes having items like uniforms and handcuffs that are only used by members of disciplined services.
Mr. Owino was discovered in possession of a military ID card that belonged to a KDF officer, a Kenya Airforce uniform, and a truck suit jacket bearing the name Defense Forces Technical College (DFTC), all of which were thought to have been taken illegally or fraudulently from the KDF.
Following combined investigations by the police, military intelligence, and military police, he was apprehended on May 20, 2023 in Tassia Estate in Embakasi, Nairobi, and was discovered in possession of the military staff card of a KDF officer.
The following day, Mr. Owino took the police to a location in Ngong, Kajiado County where they found the phony ID card with his name and photo on it, together with a Kenya Airforce uniform and a truck suit that belonged to DFTC. However, Mr. Owino was unable to explain how he came into possession of these materials.
When the passport photo of him that was used to create the fake card was taken, Mr. Owino claimed to the court that he was wearing uniforms belonged to his friend who works for the Kenya Airforce.
The graphic designer in River Road created the phony KDF staff card for him, showing he is a member of the KDF, despite his earlier assurances to the army friend that the photograph would never be made public a serving with Kenya Airforce holding the rank of a senior private.
On the real KDF officer’s card that he was discovered to have, Mr. Owino informed Ms. Okwani that a Kenya Airforce officer had sent him to his residence in the Tassia estate to obtain a military ID card and an ATM card. He was supposed to use these cards to attempt a cash withdrawal at a nearby bank agent, but failed when the agent’s operator disallowed him from doing so.
Before losing the card that had his photo on it and learning that military police were hunting for him, he claimed to have kept the officer’s cards.
Some of the things were later taken by Mr. Owino to his friend’s home in Ngong, where they were found.
He admitted to Ms. Okwani that he has been riding in the CBD illegally for a number of months despite having a phony ID that he has been presenting to law enforcement officials from Nairobi County.
The defendant pleaded with the judge to pardon him, saying that his wife and child are dependent exclusively on him. His wife and the child were present in court.
Since being charged and entering a guilty plea on May 22, 2023, Mr. Owino had been held on remand.
In accordance with Section 35 (1) of the Penal Code, Ms. Okwani released him and imposed a five-year prohibition on his future criminal activity.