Embakasi East Member of Parliament Babu Owino has been set free in the case where he was facing charges of shooting Felix Orinda, popularly known as DJ Evolve.
Trial Magistrate Bernard Ochoi while acquitting the MP ruled that the prosecution failed to adduce enough evidence against the lawmaker.
DJ Evolve who was allegedly shot by the MP Babu Owino in a particular club in Nairobi in June 2020, told the court that he did not see the legislator with a firearm on the said day. While testifying virtually from his bed, the DJ said he does not know what happened to him as he only found himself in an ambulance.
The entertainer stated that Babu Owino was his friend and that he had been supporting him in paying his hospital bills among other things.
“Did you see Babu Owino with a gun?” Defense lawyer Duncan Okatch asked DJ Evolve, to which he responded saying; “No, we were just having conversations.”
He went ahead to add, “I was injured by a bullet but I don’t know from which gun…I just found myself in a vehicle to hospital…I came to find out that Babu Owino was supporting me and as a friend I expected my friends to look after me.”
The Embakasi East legislator’s private protection officer and personal assistant Edwin Otieno also gave his testimony, telling the court that – before the day of the incident – Owino’s firearm had an issue and he had said to him that it jammed at the shooting range.
Yesterday during the case hearing the court ruled and stated, “Having evaluated the evidence … I find that the prosecution has failed to prove a case beyond a reasonable doubt,”
The court faulted the investigation officer in the case saying that he failed to tackle crucial areas and termed the investigations done as shoddy. Magistrate Ochoi further noted that the main witness was never called to testify against Babu Owino.
View this post on Instagram
“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify,” asked the magistrate.
The court ruled that the prosecution failed to adduce the medical evidence to show that the victim was injured by a gun and the ballistic report didn’t conclusively find the firearm used in the shooting.
“If the bullet head was recovered on the wall as claimed was it not necessary for a ballistic expert to visit the scene and adduce evidence? Was it not necessary to provide medical evidence to show that the bullet exited from DJ Evolve’s body and landed on the wall?” asked the trial magistrate.
Due to any lack of evidence, the political leader was acquitted in the case for misusing a firearm and had a lot to say as he exited the courtroom.
“I want to thank my wife and family members for the great support they accorded me during this trial. I also want to thank DJ Evolve, Felix Odhiambo Orida, for being my friend, trusting in our friendship, and always being there for me,” said Babu Owino.
He said that the Judgement took place in a manner in which even God in heaven would have wanted it to go.
Babu Owino who is a member of the Orange Democratic Movement Party stated that he would rejoice the day he will see DJ Evolve walking and even standing beside him. “I want to assure DJ Evolve and members of the public that I will walk by DJ Evolve’s side. I will always be there for him and in fact, I’m planning to take him to India for further treatment.” Embakasi East Member of Parliament Babu Owino stated.