Embakasi East Member of Parliament Paul Ongili alias Babu Owino has been cleared in DJ Evolve shooting case.
Through his lawyer, Felix Orinda, famously known as DJ Evolve, told the court that he did not wish to proceed with the matter.
Moreover, Babu was charged with attempted murder after the DJ was shot in January 2020.
Senior Principal Magistrate Benard Ochoi in his ruling stated that when the complainant writes to the court to withdraw charges on the accused, the court has no option but to encourage reconciliation as envisaged in the Constitution.
“This is a matter where the court should encourage reconciliation as envisaged in the Constitution. I will allow the withdrawal of the charges against the accused in count and therefore, the accused is acquitted,” he ruled.
Additionally, Magistrate Ochoi stated that Babu Owino was taking care of DJ Evolve’s welfare after the shooting even though the court was not part of the negotiations.
“It is noted that the accused and complainant were friends before the incident and appear to have maintained the same even after the incident,” Ochoi added.
Prosecution Medical Evidence Relied on CCTV Footage
Magistrate Ochoi while making his ruling stated that the prosecution did not produce evidence proving the charges levelled against Babu Owino.
Furthermore, the court noted that the Investigating officer appeared to have been relying on CCTV footage to provide medical evidence.
“In my view, the footage can’t be substituted for medical evidence. A medical report or p3 form should have been provided to confirm the victim had suffered a gunshot wound,” said the Magistrate.
Also Read: Babu Owino Freed on Ksh.100K Cash Bail
According to Ochoi, the prosecution did a ‘shoddy job’ as no medical evidence was presented before the court to show what injuries DJ Evolve sustained.
However, the Embakasi Lawmaker will be prosecuted on the second count of behaving in a disorderly manner while carrying a firearm.