MP Babu Owino has been acquitted in a case where he was charged with shooting DJ Felix Orinda, alias DJ Evolve, in a city club in 2020.
Senior Principal Magistrate Bernard Ochoi of Milimani Law Courts ruled that the police’s investigation into the issue was done poorly.
DJ Evolve also recently testified before Justice Ochoi that he had not seen MP Owino carrying a gun inside the club on the day he was shot.
He further said he had been friends with the Embakasi East MP for more than five years.
Edwin Otieno, Owino’s personal aide, testified that the MP’s gun was inoperable on the day in question.
“The gun had jammed two days earlier when Babu Owino was at a shooting range in Karen,” said Otieno.
The magistrate criticised the prosecution and Investigative Officers (IO) for their poor investigation. He also cited the evidence did not suffice to support the allegations against the MP.
Conflicting evidence
The magistrate also noted the bullet and cartridge case found at the crime scene did not match, as was acknowledged by the ballistic expert who testified in court.
The investigating officer confessed that he was the one who recovered the bullet cartridge case and bullet, and he could not recall who did collect them.
“Why did he not avail the person who recovered the bullet head and cartridge to testify?” wondered the magistrate.
The magistrate was surprised that DJ Evolve was not Prosecution Witness No. 1.
“The investigation officer stated that he did not record a statement from him. One wonders whether it was negligence or deliberate,” Ochoi said.
MP Babu Owino. Photo/courtesy
No proof of disorderly conduct
The court also found that the state failed to present sufficient evidence to prove disorderly conduct.
“There should have been a blood sample taken for alcohol content. None of the prosecution witnesses spoke on the status of Babu, on whether he was drunk or not.”
According to the court, the investigating officer’s (IO) samples failed to demonstrate that he desired to establish Owino’s blood alcohol quantity.
The magistrate declared that :
“in the absence of blood tests and results, the prosecution didn’t establish an aspect of drunkenness.”
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Reacting to the judgement, MP Babu Owino thanked Dj Evolve for being his friend and trusting in their friendship.
“The judgement has gone the way God wanted it to go. In fact, I’m planning to take him to India for further treatment,” said the Embakasi MP.
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