Another blow for Embakasi East MP Babu Owino after the court dismissed an application for withdrawal of the case where he is charged with attempted murder of Felix Orinda alias DJ Evolve after shooting him on the neck.
Senior Principal Magistrate Bernard Ochoi dismissed the application which had been filed by DJ Evolve saying unconditional withdrawal of the case was not appropriate.
The Magistrate noted that the court had not been told whether any form of compensation has been made to the victim.
“Unconditional withdrawal in my view is not appropriate in the circumstances of this case… the parties must come out openly in what form of compensation has been made the victim and in pursuing restorative justice,” noted the Magistrate.
In the application, the DJ had said that after consultation with his family, they agreed to concentrate on his health rather than the case.
“I am alive to the provisions of the victims protection act and the participation of the offender in restorative justice shall not prejudice the offenders right any more or be deemed as evidence of admission of guilt,” ruled the Magistrate.
However, the magistrate noted that the court does not bar the parties from any further negotiations if they so wish.
The magistrate also agreed with the prosecution that the second count of carrying a firearm while drunk and disorderly was not personal in nature and the same can only be withdrawn by DPP.
Babu was charged with attempted murder after shooting the DJ on 20th January 2019 at B Club in Kilimani area.
After pleading not guilty to the charges, the court asked the MP to pay the bill as a ‘moral obligation’.
He was released on Sh 10 million cash bail which was to be used to settle the medical bill of DJ Orinda while he is still admitted in hospital and subsequent treatment upon discharge.
“However, the lawmaker moved to the High Court and the bail terms were reviewed to Sh 5 million cash bail or a bond of Sh 10 million with two sureties of the same amount.