The High Court on Tuesday, August 29, acquitted Embakasi East MP Babu Owino of a gun misuse charge in a case linked to the shooting of Felix Orinda alias DJ Evolve in 2020.
During the ruling, Trial Magistrate Bernard Ochoi explained that the prosecution failed to prove that Babu Owino shot at DJ Evolve.
“Having evaluated the evidence I find that the prosecution has failed to prove a case beyond reasonable doubt,” ruled the magistrate.
At the same time, the magistrate pointed out that the officers failed to thoroughly investigate the matter in putting together crucial issues in the case.
About the MP behaving in a disorderly manner, the court ruled that the prosecution failed to prove the alleged misconduct.
The prosecution was also blamed for not obtaining blood samples from the Embakasi East MP to test his alcohol content during the day of the incident.
It was also revealed in court that the ballistic expert report showed that the bullet and the cartridge that was recovered at the scene did not match.
The Embakasi East MP was accused of shooting at the DJ at a nightclub in Nairobi but he denied the charges.
He had earlier told the court that on that day the DJ was shot, he was not carrying his gun.
Babu Owino had earlier told the court, he spent millions of money in paying medical bills for DJ Evolve who suffered serious injuries during the incident.
Testifying during the hearing of the case last month, DJ Evolve submitted that he did not see the legislator with a firearm during the shooting incident.
The DJ had also noted that he didn’t know what exactly happened to him during the commotion at the nightclub on that day, as he only found himself in an ambulance.