Nairobi, September 2, 2023 – The Director of Public Prosecutions (DPP) has filed an appeal against a Magistrate Court’s decision to dismiss the shooting case involving Embakasi East MP Babu Owino. The appeal contends that there is substantial evidence supporting the prosecution’s case.
The trial court had previously ruled that the prosecution failed to present compelling evidence linking Babu Owino to the 2020 shooting of DJ Evolve at a nightclub in Nairobi’s Kilimani area. Magistrate Bernard Ochoi had also voiced dissatisfaction with the quality of the police investigation.
In his ruling, Magistrate Ochoi stated, “Having evaluated the evidence, I find that the prosecution has failed to prove a case beyond reasonable doubt.” He raised questions about the failure of the investigating officer to call the individual who recovered the bullet head and cartridge as a witness, as well as the omission of medical evidence demonstrating the victim’s injury by a firearm.
The DPP has expressed dissatisfaction with the lower court’s decision, contending that the trial court made an error in acquitting the lawmaker without due consideration of the weight of evidence and the testimony provided by witnesses in the case.
Furthermore, the court observed that a ballistic report did not conclusively establish that Babu Owino’s firearm was used in the shooting.
This appeal by the DPP signifies an effort to reevaluate the case and underscores the importance of addressing the serious allegations surrounding the shooting incident.
MP Babu Owino had been accused of shooting and injuring DJ Evolve at B Club in Nairobi’s Kilimani area in January 2020. His acquittal was based on grounds that the prosecution’s investigative work was deficient, as crucial areas were left unaddressed.
Magistrate Ochoi highlighted the importance of the DJ’s oral evidence, who was the victim in the case. Notably, DJ Evolve was never called as a prosecution witness and ended up testifying for the defense.
The DPP’s appeal seeks to set aside the decision of Magistrate Ochoi and replace it with a conviction. The DPP argues that the magistrate failed to consider the compelling evidence against MP Owino and that the trial magistrate erroneously deemed the ballistic expert report inconclusive.
The appeal by the DPP is currently pending a hearing, signifying a continued effort to seek justice in this high-profile case.
