Embakasi East Member of Parliament Babu Owino was on Tuesday acquitted of an attempted murder charge over the shooting of Felix Orinda, alias DJ Evolve.
This follows an October 2020 application by DJ Evolve to withdraw the charges against the MP.
Magistrate Bernard Ochoi, in his ruling, noted that Mr. Owino and DJ Evolve had proved that they were friends before the shooting incident and have maintained the same even afterwards.
He also noted that the MP is currently undertaking certain obligations in relation to the welfare of the DJ.
“Taking all the above into account I have come to the conclusion that this is a matter where the court should encourage reconciliation as envisaged in the Constitution and therefore I will allow the withdrawal against the accused in count one…the accused is acquitted,” ruled Magistrate Ochoi.
According to court documents seen by Citizen Digital, at the time of his acquittal, Babu Owino had paid a medical bill of Ksh.9.8 million DJ Evolve incurred at Nairobi Hospital and has further committed to pay a further Ksh.6.9 million in pending medical bills and nursing care costs.
The MP also agreed to offer financial support to the DJ due to his immobile state following the January 2020 shooting incident.
Additionally, the MP has stated that he will set up a DJ academy for Evolve when he recovers and is able to use it in order to generate the DJ financial income.
Babu Owino will also buy a house for the DJ and have it registered in the name of Evolve and his parents.
He is also expected to buy him a car specially designed for use by a person with disability.
DJ Evolve acknowledged that Babu Owino had rented an apartment for him near Nairobi Hospital, paid his rent for two years since the incident, and that he currently lives in it while he receives medical care.
In his application last year, DJ Evolve, through his lawyer Kenneth Mumbo, told the court that after intense deliberations with his family, they had agreed that he concentrates on his situation rather than the pending case.
DJ Evolve urged the court to drop the charges against the legislator, saying the case had affected his healing process due to divided attention.
The application, however, hit a block after the Office of the Director of Public Prosecutions (ODPP) said they needed more time to assess DJ Evolve’s mental state before withdrawing the charges.
In March this year, the application was dismissed by Milimani Court Trial Magistrate Bernard Ochoi.
Magistrate Ochoi said that the unconditional withdrawal of the case was not appropriate, further telling Babu Owino to come out openly and tell the court what he had offered the DJ’s family.
The Magistrate stated that the court had also not been told whether compensation had been made, despite the serious injuries suffered by the DJ, but noted that the involved parties were at liberty to engage.
Babu Owino will still be charged with behaving disorderly while carrying a firearm.
There's no story that cannot be told. We cover the stories that others don't want to be told, we bring you all the news you need. If you have tips, exposes or any story you need to be told bluntly and all queries write to us [email protected] also find us on Telegram
