Embakasi East Babu Owino is free from legal entanglement in the case related to the shooting of Felix Orinda, widely known as DJ Evolve.
The trial magistrate, Bernard Ochoi, has cleared the MP of all charges, highlighting that the prosecution could not present sufficient evidence against him.
“In evaluating the evidence, I have found that the prosecution did not establish a case beyond a reasonable doubt,” ruled Magistrate Ochoi.
The court criticized the investigation officer involved in the case, deeming the inquiry inadequate in addressing crucial aspects.
Magistrate Ochoi questioned the absence of key witnesses, particularly the failure to summon the individual who recovered the bullet head and cartridge.
The court verdict emphasized that the prosecution’s failure to produce medical evidence indicating that the victim had been shot with a firearm, as well as the inconclusive ballistic report, weakened their case.
The court questioned why a ballistic expert had not been called to the scene for evidence collection, and why medical evidence concerning the trajectory of the bullet had not been presented.
Additionally, the court’s findings indicated that the state had not substantiated claims of disorderly conduct against the legislator, faulting the prosecution for not providing the necessary blood sample to determine alcohol content.
Notably, in the preceding month, DJ Evolve testified that he had not witnessed Babu Owino with a firearm during the shooting incident at a Nairobi nightclub in January 2020.
While virtually testifying from his hospital bed, DJ Evolve acknowledged being shot and injured by a bullet but remained uncertain about the source of the gunshot.
Babu Owino had initially faced charges related to the misuse of a firearm in connection with this case.
