Babu Owino, the Embakasi East Member of Parliament, has been set free by a Nairobi court in the case where he was charged in relation to the shooting of Felix Orinda, popularly known as DJ Evolve.
Owino had been charged with misusing a firearm.
While acquitting the MP, Magistrate Bernard Ochoi said that the prosecution failed to adduce enough evidence against the lawmaker.
“Having evaluated the evidence, I find that the prosecution has failed to prove a case beyond reasonable doubt,” ruled the magistrate.
The court said the investigation officer in the case had failed to tackle crucial areas and termed the investigations as shoddily done.
Ochoi also noted that the main witness who was initially meant to testify against against Babu Owino was never called to the stand.
“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify,” asked the magistrate.
Ochoi 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 was used in 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?” he wondered.
The court further noted that the State failed to prove the disorderly conduct alleged. The court thus faulted the prosecution for not adducing the blood sample to show the alcohol content.
“The aspect of drunkenness was not established,” the court noted.
DJ Evolve had testified in court that he didn’t see Owino with a gun during the shooting incident that occurred at a Nairobi nightclub in January 2020.
“I don’t know what happened to me as I only found myself in an ambulance,” he said in his evidence last month, which he adduced virtually from his bed.