Embakasi East Member of Parliament Paul Ogili alias Babu Owino has been acquitted of the attempted murder charge against Felix Orinda alias Dj Evolve.
While acquitting the lawmaker, Senior Principal Magistrate Bernard Ochoi noted that the move was a result of an application filed by the victim to withdraw the charges against him.
“The charge is now withdrawn and the accused is acquitted in the attempted murder charge,” ruled the Magistrate.
However, the court declined to have the second charge of behaving disorderly while carrying a firearm to be withdrawn.
“In behaving disorderly while carrying a firearm charge, it is not personal in nature and the same can only be withdrawn by DPP,” further ruled the Magistrate.
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The court noted that the MP was currently undertaking certain obligations in effort for restitution and that the two accused were friends before the shooting and the two seemed to have maintained the friendship even after the incident.
“This is a matter where the court should encourage reconciliation as envisaged in the constitution and therefore I will allow the application to withdraw the charges against the accused in count 1,” added the Magistrate.
According to the Magistrate, the concerns raised by the DPP regarding the welfare of the DJ had been covered in the deed of agreement.
The court heard that the MP had purchased an apartment for the DJ which would take care of the rent burden and also caters for a specialist from Nairobi Hospital whose been helping in improving the health of the victim.
Owino was charged last year in January with attempting to murder DJ Evolve, by shooting him on the neck at B Club in Kilimani, Nairobi.
Babu had earlier been released on sh 10 million cash bail which was to be used to settle the medical bill of DJ Evolve while he was still admitted in hospital and subsequent treatment upon discharge.
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However, the same was reviewed by the High Court and set the terms to a cash bail of Sh 5 million or a bond of Sh 10 million with two sureties of the same amount.
The DJ had said that after consultation with his family, they agreed to concentrate on his health rather than the case of attempted murder case pending in court.
The court had initially declined to have the matter withdrawn saying that the parties had to come out openly on the form of compensation made to the victim and in pursuing restorative justice.
