Embakasi East MP Babu Owino has been acquitted in a case where he was charged with shooting Felix Orinda aka DJ Evolve in 2020.
Milimani court senior principal magistrate Bernard Ochoi also acquitted Owino on the charge of behaving disorderly at B-club, Kilimani where the DJ is said to have been shot. The magistrate ruled that the prosecution didn't not adduce sufficient evidence to convict the MP.
"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," said Ochoi.
The magistrate said the prosecution side failed to convince the court that the MP was involved in the shooting in a case which he said was of great public interest.
He said the prosecution side failed to produce medical reports from tests done on the MP as regards to samples and swaps that were taken at the scene on April 17, 2020 when the incident occurred.
"Even the ballistic expert admitted in his evidence that the bullet and the cartridge recovered at the scene did not match," Ochoi added.
The MP's defence team led by senior counsel James Orengo, Elijah Ongoya, Duncan Okatch and Ndegwa Njiru had pointed out during the trial that the prosecution didn't have sufficient evidence to sustain the criminal charge.
The case had 10 witnesses. Ochoi said after anlysing evidence of the witnesses he found the MP had a case to answer.
In his defence on the dock Owino denied shooting the DJ. He said he was a friend to the DJ and was meeting his expenses up to date.
In his testimony previously, the DJ told Ochoi he never witnessed the MP carrying a firearm inside the club on the fateful day.
He said they had a long standing friendship of over five years before the incident.
Owino's personal assistant told the court that the gun the MP was carrying on that day was not functional.
"The gun had jammed two days earlier when Owino was at a shooting range in Karen," he testified.
Ochoi ordered that the cash bail of Sh5 million and the passport that the MP had deposited in court for his release be returned to him.
He also ordered that a mention be made on September 19 in court over the return of the MP's firearm.
Addressing the press outside courtroom, Owino thanked the court for acquitting him and said he will continue supporting the injured DJ including taking him to India for further treatment.
"This judgement has gone the way God wanted it to go. I will walk by DJ Evolve side and I pray God to grant him both physical and spiritual strength and ensure he walks in the nearest future," said the MP.
