Embakasi East MP Babu Owino is a free man after being cleared of any wrongdoing in the shooting and wounding of Mr Felix Orinda, aka DJ Evolve, two years ago.
In acquitting Mr Owino, Milimani Senior Principal Magistrate Bernard Ochoi blamed the police for doing “shoddy investigations”.
Mr Ochoi said the investigating officer left yawning gaps in the evidence. He wondered why the investigating officer did not record a statement from DJ Evolve, who would have been the “key and star witness”.
The magistrate also wondered why the investigating officer did not have Mr Owino tested to determine the level of alcohol in his blood. Summarising the evidence of 10 prosecutors, Mr Ochoi said the police had failed miserably in investigating the shooting that left the victim bedridden.
Mr Ochoi recommended that the Director of Criminal Investigations (DCI) assign such cases to officers of the rank of inspector and above. He said the officer had relied on CCTV footage from the B Club in Galana Plaza instead of conducting an independent investigation. He said the footage showed the MP pointing something at the DJ, who immediately fell. However, he said he could say with certainty what the MP was pointing at the DJ, whom he later rushed to Nairobi Hospital for treatment.
Embakasi East MP Babu Owino with lawyers Dancan Okatchi and Njiru Ndegwa at the Milimani law courts on August 29, 2023.
Photo credit: Richard Munguti | Nation Media Group
The magistrate ruled that the police did not obtain a medical report to examine the gun and ammunition that caused the injury to DJ Evolve’s neck, which left him partially paralysed. Mr Ochoi said DJ Evolve ended up being a defence witness and told the court that he neither saw Mr Owino shoot him, nor was he carrying a gun.
According to the magistrate, the investigating officer did not even produce medical evidence on the nature of the injury which would have indicated the weapon and ammunition used to inflict the injury. The magistrate said there was no evidence to show that Mr Owino’s state of sobriety was relevant to the allegation of disorderly conduct.
The court rejected Mr Owino’s defence that he was not disorderly, noting that a waiter and his friend, who were witnesses for the prosecution, confirmed that he had been drinking tequila.
The DPP had earlier withdrawn an attempted murder charge against Mr Owino, but retained the charge of being disorderly while carrying a firearm on January 17, 2020.
After the ruling, Mr Owino pledged to continue paying for the DJ's medical bills, saying, the final victory will come when he is fully recovered.
“I will make sure that the DJ walks beside me; that will be the final victory. I am planning to organise his treatment in India," said Mr Owino.
