A sacked Kenya Defence Forces (KDF) Officer had been charged at the Milimani law courts with publishing false information on his Facebook account that Chief of Defence Forces (CDF) Francis Ogolla funded the anti-government demonstrations called by Azimio leader Raila Odinga
Franklin Opiyo Ogonji appeared before Milimani Magistrate Ben Mark Enhubi and denied four counts of publication of false information and cybercrime harassment.
Ogonji who was sacked from Kenya Defence Forces in 2019 was facing a court marshall case where he had been charged with stealing dry food ration from the Moi Airbase in Nanyuki.
He was accused of stealing a lorry fully parked with sugar, army biscuits, canned meat, beans, pineapples, jam and minced meat running into hundreds of millions.
Ogonji who is a master’s degree holder in procurement was charged with publishing false information that was funding Azimio’s anti-government protests in July.
State prosecutor Virginia Kariuki stated that Ogonji published in his Facebook account namely Frank Mac Poyoz words to the effect that ” …. Francis Omondi Ogolla is funding Mandamano usiku wanakutana na Rao (Rail Amollo Odinga) Mchana ako na WSR(President William Samoei Ruto). Waende jela, they are criminals…we will stand with our able President WSR“
The charge sheet stated Ogonji knew those words to be calculated to cause panic and chaos among the citizens of Kenya.
The former KDF officer also faced another charge of publishing false information that “Handshake generated Airforce Commanders paid nine DCI Officers Ksh200,000 each to kill me but God saved me.”
He allegedly published the said false information on December 9, 2022.
On June 11 this year Ogonji was accused of harassing Ogolla by publishing the words “… Ogolla do the honourable thing; resign and join Rao on the streets, shame on you.”
Further, Ogonji denied that on July 24, 2023, he published another false information to the effect that ” Gerald Akoko Ogonji rumours has it you were behind my abduction with Francis Omondi Ogolla only time will tell if you are above the law.”
The investigation officers from DCI Headquarters have listed General Ogolla as the first prosecution witness in the case against the former KDF office.
Applying to be released on bond, Ogonji claimed that he feared for his life as one of the investigation officers whom he identified in court had threatened to kill him and throw him in River Yala.
“This will be my last arrest. If l continue committing other offences the officer will kill me and throw me to River Yala,” said Ogonji.
He further claimed that he had been abducted and held for one year and one month at DCI Headquarters over unknown offences.
He shocked the court by claiming that during the illegal detention, he was chained both hands and legs and held incommunicado at the DCI headquarters.
While pleading for a free bond, the former KDF officer said that he was facing an illegal case which Independent Police Oversight Authority (IPOA) is currently Investigating.
“These trumped-up charges have been brought against me to silence me as IPOA and Kabiba Institute have taken over the matter, ” Ogonji told the magistrate.
He applied to be released on a reasonable bond claiming that he has no means of income since his two mobile phones which he uses in betting activities have since been confiscated by the police.
Claims against Ogolla
The former KDF officer alleged that following his arrest and detention his wife ran away together with his child.
He added that General Ogolla and the police have incited his family members and relatives to turn against him for financial support.
The prosecutor did not oppose his release on bond but urged the court to pronounce stringent bond terms.
The prosecutor further sought an order stopping Ogonji from publishing further false allegations against General Ogolla, Raila Odinga, President Ruto and Police on his social media platforms.
In his ruling, Ekhubi freed Ogonji on a cash bail of Ksh50,000 with one contact person. He also warned him against publishing false information against the complainants.
The case will be mentioned on September 20 for pre-trial.
