Embakasi East MP Paul Ongili has moved to court seeking to restrain the DPP from making public comments on media stations, social media or any other form of public communication in relation to his case.
The lawmaker wants the DPP not to make any comments pending the hearing and determination of the case.
Through lawyers Danstan Omari, Duncan Okatch and Cliff Ombeta the MP argues that Haji is heard publicly viciously attacking and delving into the merits of the ruling as rendered by Chief Magistrate Francis Andayi and as such prejudicing the applicant’s constitutional right of being presumed innocent until proven others.
Babu accuses Haji of being an inciter of the public in total disregard of his rights and the tenets of law and procedure when dissatisfied when dissatisfied with the decision of the court.
Babu was admitted to bail of Sh 10 million to be paid in installments within three months, a ruling which the DPP says he has never heard of and would ‘revisit’.
This is after he was charged with the attempted murder of Felix Orinda, a DJ who is currently in hospital and carrying a firearm while drunk and disorderly at B-Club.
“The 1st respondent is clearly litigating the case in public yet this court is properly seized of the matter and as such the same seeks to embarrass and ridicule the honourable court in the eyes of the public,” the MP argues.
According to his application under certificate of urgency, Haji’s actions are said to amount to a public persecution of Babu instead of the constitutional mandate of prosecution.
It is his argument that the DPP’s utterances jeopardises not only his constitutional rights but also the integrity of the court as an institution that is mandated to protect the Rule of law and natural justice.
The MP has filed an application to review his bail terms.