Babu Owino Set Free In DJ Evolve Shooting Case
Ochoi previously ruled that the lawmaker had a case to answer over the misuse of a firearm, putting him to his defence over the matter while being accused of firing one bullet with the intent to shoot DJ Evolve.
Embakasi East Member of Parliament (MP) Babu Owino has been acquitted in the case where he was charged in relation to the shooting of Felix Orinda popularly known as DJ Evolve.
Milimani senior principal magistrate Bernard Ochoi ruled on Tuesday, August 29 that the prosecution failed to prove the allegations of misuse of a firearm and behaving disorderly.
The ruling comes a month after DJ Evolve handed Babu Owino a breakthrough in absolving himself from the case by testifying under oath that he did not see the parliamentarian with a firearm when the incident occurred at B Club in Kilimani in 2020.
While admitting to the court that he was shot at the time, Evolve confessed that he did not see who shot him nor the firearm that was used at the time.
“I was injured by a bullet but I don't know from which gun. I just found myself in a vehicle to hospital," he told the court.
Side-by-side image of Embakasi East MP Babu Owino and DJ Evolve. /FILE
"I came to find out that Babu Owino was supporting me and as a friend I expected my friends to look after me. I received medical care my utilities and general well-being were taken care of...I'm giving out this testimony voluntarily."
Even so, Babu on Thursday, June 16 claimed to have spent Ksh58.6 million in medical expenses on Evolve after the incident occurred, telling Ochoi that he was committed to supporting the injured DJ on the basis of a long-term friendship that began all the way in 2015.
"While in Nyalenda slums in Kisumu, I vowed that I will always give back to those who need help if I ever made it out of poverty," said Babu.
While defending himself in a matter where he was found to have a case to answer over misuse of a firearm, Babu added that he also spent Ksh17 million on an apartment in the affluent residential area for the disc jockey, where he currently resides.
"The family was not able to take care of him and as a leader, I continued paying the medical bills. Total bills accumulated to Ksh23 million.
"He was immobile and could not move. I bought an apartment at Kilimani at around Ksh17 million and hired two nurses, 2 physiotherapists and 1 occupational therapist which up to date I'm paying Ksh300,000 per month,” the Embakasi legislator argued.
Babu also argued that “I have paid Ksh11.1 million and it's still going on for 37 months. I take care of his upkeep of Ksh70,000 per month to pay bills and food. Medicine is Ksh80,000 per month. I have paid Ksh5.5 million for 37 months.”
The MP told the court that on the day he was said to have committed the offence, January 16, 2020, his gun had jammed and therefore there was no possibility that it was the one that fired.
He said that from the ballistic report presented to the court, no evidence was adduced by the Prosecution to show that the bullet shown at the court had matched that of his firearm.
He further told the court that from 10 prosecution witnesses who testified none of them pointed a finger that he was involved in the shooting.
Babu also noted that the charges brought against him touching on being disorderly and holding a gun in the club were not justified, further pointing out that the CCTV footage produced in court on the matter did not capture him behaving disorderly or holding a gun as claimed.
He is led in his defence by his Lawyers Duncan Okatch and Elisha Ogoya who argued that at some time the Directorate of Criminal Investigations (DCI) had recommended to the Director of Public Prosecutions (DPP) to withdraw the criminal case against him.
DJ Evolve on Thursday, April 20 celebrated regaining his voice after three years of being unable to speak normally. His father, John Orinda, had previously noted that he needed at least three surgeries to regain his voice, adding that the tracheostomy he relied on had a blockage.
A Nairobi court had in 2021 approved a deal between Babu Owino and DJ Evolve to have an attempted murder case against the Legislator withdrawn. The Director of Public Prosecution had charged Owino with the attempted murder of DJ Evolve after the incident which sparked a nationwide uproar.
On Tuesday, April 18, Senior Principal Magistrate Bernard Ochoi turned the tables against Owino by ruling that the lawmaker had a case to answer over the misuse of a firearm, putting him to his defence over the matter while being accused of firing one bullet with the intent to shoot DJ Evolve.