Embakasi East MP Babu Owino has announced plans to sue the state for unlawful detention after the Director of Public Prosecutions (DPP) dropped a subversion case against him.
Babu, along with self-proclaimed ghetto president Calvin Gaucho and five other ODM party supporters, was arrested last year on charges of conspiracy to commit chaos and engaging in subversive activities.
On Wednesday, the charges were dismissed after the DPP requested their withdrawal in criminal court. The accused had faced charges under section 77(1) and (3) of the Penal Code, which pertains to the offense of subversion.
However, in March, the High Court in Nakuru declared this section unconstitutional.
Justice Samwel Mohochi ruled that section 77 (1) and (3) of the Penal Code was a colonial relic that infringed on freedom of expression, deeming its enforcement against any individual unconstitutional.
With this ruling in consideration, the DPP decided to review the charges against Babu and his co-accused.
“The DPP, having gone through the charges and a decision by a High Court judge who nullified section 77(1) of the Constitution under which the accused persons were charged, found that it was unconstitutional,” prosecution counsel James Gachoka informed the court.
Gachoka further explained to Milimani chief magistrate Lucas Onyina that continuing the trial of the seven individuals would be unlawful.
The defense lawyers, led by Danstan Omari and Dancun Okatch, welcomed the decision, asserting that the charges were politically motivated.
The magistrate approved the DPP’s application to drop the charges.