NAIROBI Kenya May 26 -A bodaboda rider who forged a military staff ID card to avoid harassment by Nairobi County Government enforcement officers was on May 26 set free by court.
Gabriel Owino, who was discharged and ordered not to commit any offence within a period of 5 years, had pleaded guilty to the charges and admitted that he forged a Kenya Defence Forces (KDF) Certificate of Appointment along River road early February 2023.
He however assured the court that apart from using the card, he had never committed any other crime.
Owino, who was accompanied by his wife and child in court, told the Makadara Chief Magistrate Hellen Okwani he had been using the fake card for several months.
He further admitted that he had been showing the card to the County enforcement officers to allow him operate his bodaboda business within the CBD.
Owino made a passionate appeal to the Magistrate not to hand him a custodial sentence.
Okwani then discharged him under section 35 (1) of the Penal Code and ordered him not to commit any offence within a period of five years.
The accused was on May 20 arrested in Tassia when he was found with an ID card belonging to a KDF officer, a Kenya Airforce Jersey and a top truck suit jacket labeled Defence Forces Technical College (DFTC).
He also told the court that he had worn uniforms belonging to his friend who works with KAF when a passport photo of him used in making the forged card was taken.
He had promised the soldier friend that the photo will never appear in public but he later took it to a graphic designer along River Road, who made the fake KDF staff card for him indicating he is a serving with KAF holding the rank of a senior private.
The card, which was presented before the court as exhibit, bears his passport photo and full name.
On the KDF officer’s genuine card he was found with, Owino told the court that a KAF officer had sent him to his house in Tassia estate to collect the military ID card and an ATM card.
He was to go and withdraw cash using the documents at a local bank agent but he failed after the agent’s operator declined to allow him carry out the transaction.
He then retained the cards.
Under Section 35 of the Penal Code, where a court is of the opinion that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may discharge the accused person absolutely or subject to the condition that he commits no offence within a specified period.
If the accused commits another offence during the period of conditional discharge he shall be liable to be sentenced for the original offence.
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