NAIROBI,Kenya, Dec, 14 – Senior Principal Magistrate Bernard Ochoi has acquitted Embakasi East Member of Parliament Babu Owino of attempted murder charges after the victim Felix Orinda, alias DJ Evolve withdrew the case.
Owino is however not yet off the hook after Ochoi declined to withdraw the second charge where he is accused of behaving disorderly while carrying a firearm.
The incident was captured by CCTV cameras at B Club in Kilimani, Nairobi on January 17,2020.
DJ Evolve was shot on the neck.
“The charge is now withdrawn and the accused is acquitted in the attempted murder charge. In behaving disorderly while carrying a firearm charge, it is not personal in nature and the same can only be withdrawn by DPP,” ruled the Magistrate.
While issuing the ruling, Ochoi said that the MP was currently undertaking certain obligations in effort for restitution including purchasing an apartment for DJ Evolve as opposed to paying rent, which would have been a burden for the victim while on his road to recovery.
The court also said that the accused has been a long time friend with the victim.
“It appears they maintained the friendship even after the incidence. This is a matter where the court should encourage reconciliation as envisaged in the constitution and therefore will allow the application to withdraw the charges against the accused in count 1,” he ruled.
Ochoi further revealed that concerns raised by the office of the director of public prosecutions have well been addressed and covered in a deed of agreement.
“Regarding engaging a specialist, the same has been done and the results were evident as the DPP mentioned in the cause of the negotiations that they had observed that the complainant’s health had improved which was courtesy of the specialist that he continues to receive from the Nairobi Hospital,” he said.
Back in March,14,2021. the court had declined to allow an application seeking for the withdrawal of the case saying unconditional withdrawal of the case was not appropriate.
The victim alongside his family revealed that they had decided to focus on recovery as opposed to the court case. At the time however the court was not informed whether any form of compensation had been given to the victim.
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