The Director of Public Prosecutions (DPP) has filed a petition in court challenging a decision to set free Embakasi East MP Babu Owino in the Felix Orinda alias DJ Evolve shooting case.
In the court papers, the DPP stated that he was not satisfied with the lower court’s decision arguing that the trial court made a mistake in acquitting the lawmaker.
According to the DPP, trial Magistrate Bernard Ochoi failed to consider the weight of evidence and testimony adduced by witnesses who testified in the case.
“The learned trial magistrate erred in law and fact by acquitting the respondent without considering the weight of evidence and testimony adduced by the prosecution witnesses,” the DPP stated in court papers.
The trial was also faulted for ruling that there was no evidence linking Babu Owino to the shooting incident that led to DJ Evolve sustaining gunshot injuries at a Nairobi nightclub.
“The Appellant prays that its appeal be allowed and the judgement acquitting the Respondent under Section 215 of the Criminal Procedure Code Chapter 75 Laws of Kenya be set aside and be substituted with a conviction,” noted the DPP.
During the ruling of the case, the Trial Magistrate blamed the police for failing to properly investigate the matter in order to provide sufficient evidence.
“Having evaluated the evidence, I find that the prosecution has failed to prove a case beyond reasonable doubt,” ruled the court.
The court ruled that the ballistic report didn’t conclusively find the firearm was used in the shooting incident.
After the court ruling, Embakasi East MP disclosed that he is planning to take DJ Evolve to India for specialized treatment.
Speaking during a press briefing in Nairobi on August 30, Babu Owino promised to support DJ Evolve in all possible ways.
“I want to assure his family that I will walk with DJ Evolve and I will always be there for him and in fact am planning to take him to India for further treatment,” said Babu Owino.
He had also thanked, his family members, his legal team and all citizens in general for being patient with him during the time of the case in court.