On Tuesday, August 29, a Magistrate Court acquitted Embakasi MP Babu Owino in a case in which he was charged with the shooting of Felix Orinda aka DJ Evolve.
In his ruling, Magistrate Bernard Ochoi said the prosecution did a shoddy job as no evidence was produced to prove the charges leveled against the youthful politician.
“The prosecution failed to record even a statement of the victim, the ballistic evidence produced in court was scanty and the same could not be relied upon to find the MP guilty,” Ochoi said.
Babu while acknowledging the judgment welcomed the court ruling saying ‘Judgment went the way God wanted.’
“This judgment has gone the way the almighty God wanted it to go. That is how God wanted it to go. The day I will be victorious is the day I will see DJ Evolve walk and stand by my side.”
However, as he celebrates the court ruling, Babu Owino is yet to be off the hook in the case in which he was charged with misuse of firearms.
This was after the Director of Public Prosecution on Friday, September 1, appealed the decision to acquit the ODM lawmaker in the shooting of Felix Orinda.
In court papers filed at the Milimani Law Courts, the DPP said it was dissatisfied with the ruling.
Assistance Director of Public Prosecution Dorcas Rugut raised six grounds on which she wants the judgment set aside.
She claimed that Magistrate Benard Ochoi failed to consider the weight and credibility of the evidence the prosecution witnesses adduced.
“The learned trial magistrate erred in law and fact by acquitting the respondent without considering the weight of evidence and testimony adduced by the prosecution witness,” the court papers read in part.
Rugut further disputed the finding by the magistrate that there was no evidence of the victim having sustained gunshot wounds.
