DJ Evolve family, Babu finalising out-of-court deal, says DPP
By Bernice Mbugua, July 8, 2021
Bernice Mbugua @BerniceMuhindi
The Director of Public Prosecutions yesterday told the court that they have made tremendous progress in trying to settle the attempted murder case against Embakasi East MP Babu Owino out of court.
Owino, was charged on January 20 last year, with attempting to murder Felix Orinda alias DJ Evolve, right, by shooting him on the neck at B Club in Kilimani, Nairobi on January 17, 2020.
Senior Principal Magistrate Bernard Ochoi heard that talks have been going on between Babu, DJ Evolve and the DPP to settle the matter out of court.
“We have had several meetings and we are at the last stage of the deliberations. My colleagues of the state can confirm the same…we are requesting for an earlier date to confirm the position,” Babu’s lawyer told the court.
The Prosecution confirmed the position noting that they were expecting some documents from Babu to present to the DPP.
“Since we don’t have the documents now, we could not present our brief to the DPP through Jacinta Nyamosi, who is also away on official duty up to next week, I request for three weeks, if we get the documents before the three weeks, we can seek for an earlier mention date,” prosecution counsel Evelyne Onunga told the court.
Magistrate Ochoi directed the matter to be mentioned on July 28 for further direction.
Babu had earlier been released on Sh10 million cash bail which was to be used to settle DJ Evolve ‘s medical bill and subsequent treatment upon discharge.
The sum was to be deposited in court in four equal instalments of 2.5 million. So far he had paid Sh1.9 million. The High Court, however, reviewed the terms and released him on Sh5 million cash bail or a bond of Sh10 million with two sureties of the same amount.
On March 15, the Magistrate had declined to allow application for withdrawal of the case saying unconditional withdrawal of the case was not appropriate.
The DJ had said that after consultation with his family, they agreed to concentrate on his health rather than attempted murder case pending in court.