Embakasi East Member of Parliament, Babu Owino, has been exonerated from all charges related to the shooting of Felix Orinda, popularly known as DJ Evolve. In a pivotal judgment, Senior Principal Magistrate of Milimani, Bernard Ochoi, ruled that the prosecution failed to provide compelling evidence to support their claims against the MP.
The allegations against Babu Owino centered on the misuse of firearms and unruly behavior. However, Magistrate Ochoi was critical of the prosecution’s approach, noting their inability to present concrete evidence to back their charges.
Magistrate Ochoi highlighted the prosecution’s over-reliance on CCTV footage. He stated,
“The footage cannot be a substitute for medical evidence. There should have been a medical report or a P3 form to confirm that the victim had indeed suffered a gunshot wound.”
While the CCTV footage displayed a counter where Babu was positioned, the background’s darkness made it challenging to discern specific details. The Investigating Officer admitted to the court that neither Babu’s identity nor his firearm could be clearly identified from the video. As a result, the evidence was insufficient to prove that DJ Evolve had been injured by a gunshot.
The court further questioned the Investigating Officer’s motives or potential negligence, given that no statement was recorded from DJ Evolve. The ballistic report presented also lacked conclusive evidence that the firearms associated with Babu were used during the incident. Notably, the individual tasked with retrieving the bullet head and cartridge was missing from the witness list.
The case took a significant turn in Babu Owino’s favor when DJ Evolve testified that he did not see the MP at the time of the shooting. Recalling the January 2020 incident, DJ Evolve openly stated that he did not have a clear view of the shooter or the weapon used.
With the evidence presented falling short of establishing Babu Owino’s involvement in the incident, the court ruled in favor of the MP, clearing him of all charges.