The victim in Embakasi East Member of Parliament Paul Ongili alias Babu Owino’s case has told a Milimani court that he is traumatised, scared and fearful of his life.
Together with his family, Felix Orinda aka Dj Evolve (above) has opposed the release of Owino on bail saying they are concerned about their security because the accused is an influential person within the community and he might use that to subvert justice.
In a Probation Officer’s bail assessment report, the victims said that if Owino is released he might interfere with their security.
“We appreciate the support provided by the accused in the treatment of the victim,” they said in their report.
Jacob Ondari, Senior counsel from the office of the Public Prosecutions told the court that the victim’s family argued that if the court is inclined to grant Owino bail or bond; protective measures should be put in place to ensure that their concerns are addressed.
“I am tired, I am in pain, am traumatised, I don’t want to talk and I cannot fathom anything. I have not slept for days because I am scared of my life and future,” said Orinda.
Ondari told the court that claims by Owino that victims did not oppose bail are untrue and the court needs to consider the impact of the accused.
“Owino’s sentiments that he needs to be out on bail so that he can perform his legislative duties are not in the bail/bond rules,” said Ondari.
He added that it is the duty of the court to balance the rights of the accused and those of the victims.
He said that Owino’s claims that he will protect the witnesses cannot be trusted.
“The accused, defense counsels and the prosecution have all agreed that Owino has other pending cases in court which is a factor to consider,” added Ondari.
The counsel told the court that since the names of the family of the victims are not indicated in the report, it would be important to protect them.
The victim is still hospitalised and undergoing treatment.
Owino is being represented by a team of over seven lawyers lead by Danstan Omari, Charles Omanga, Peter Njagi, Cliff Ombeta, and Holly Edward among others.
The MP had denied two counts of attempted murder and behaving disorderly while armed, following the shooting of Orinda at a city club last Friday.
Babu pleaded not guilty to both counts while being represented by lawyer Dunstan Omari and six others.
“Owino is a family man with three children and therefore not a flight risk,” said Omari.
The lawyer had requested the court to release the legislator on bail.
The prosecution opposed his release on bail saying that he is likely to interfere with witnesses because he is an influential man in society.
The prosecution also alleges that the MP is facing another charge at Kibera law courts, a case Ombeta says does not exist.
According to the police, CCTV footage from the club shows Babu shooting the DJ while smoking shisha, and surrounded by his friends–including a lady who was seated just next to him.
The DJ is still admitted to Nairobi Hospital having undergone surgeries to remove a bullet that was lodged in his neck.
The shooting had elicited concerns, with many asking why B-Club was still operating despite a court order last year that it should be closed, besides offering its clients shisha which is a banned substance in Kenya.
Ruling on bail will be delivered at 3 pm.
