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Embakasi East MP Babu Owino has a case to answer over misuse of a firearm, a Nairobi court ruled yesterday.

In a ruling delivered by Milimani Senior Principal Magistrate Bernard Ochoi, the court put the MP to his defence for behaving disorderly while carrying a firearm. Owino is accused of firing one bullet with intent to shoot Felix Orinda, popularly known as DJ Evolve at B Club in Kilimani area on January 17, 2020

“After evaluating prosecution evidence and all the exhibits including CCTV footage, l find that the prosecution has proved a prima facie case against the accused person. I, therefore, find him with a case to answer and accordingly place him on his defence,” Ochoi ruled. The Magistrate, however, ordered Owino to defend himself on June 15.

 In the case, the prosecution had called over 10  witnesses to prove the case against the MP for the charge of misuse of firearm while in public place.

Gun holder

Director of Public Prosecutions (DPP) urged the court to find the MP with a case to answer as the legislator, a gun holder, misused the same while at B Club located along Galana road in Nairobi on January 17, 2020.

In their submissions, the prosecution informed the court that evidence of CCTV footage was well corroborated by State witness’s evidence.

But Owino, through lawyer Cliff Ombeta and Duncan Okatch, had urged the court to acquit the MP, claiming that the government had not proved the offence beyond reasonable doubt.

Defence claimed that there were inconsistencies in the evidence adduced in court by prosecution witnesses and CCTV footage.   Ruling comes a year after the attempted murder charge against the MP was dropped. This was after DJ Evolve withdrew the case, saying he had reconciled and wanted to focus on his recovery.

While allowing the request to withdraw charge, Ochoi said although the court was not involved in the negotiations, Owino was taking certain obligations towards the welfare of DJ Evolve who had agreed on an out-of-court settlement.