MP Babu Owino’s Release Challenged by DPP in DJ Evolve Case
The Director of Public Prosecutions (DPP) has appealed the decision to release Embakasi East Member of Parliament Babu Owino in connection with the gunshot wounding of DJ Evolve two years ago.
The DPP is dissatisfied with the lower court’s decision, arguing that the trial court erred by acquitting the lawmaker without considering the weight of evidence and witness testimony presented in the case.
In court documents filed at the Milimani Law Court, the DPP argues that trial Magistrate Bernard Ochoi erred in law and fact by concluding that there was no evidence of firearm wounds on the victim and that Babu Owino did not intend to shoot the victim.
ALSO READ: Babu Owino Acquitted in DJ Evolve Shooting Case
While acquitting Mr. Owino, Magistrate Ochoi criticized the police for conducting “shoddy investigations,” stating that the prosecution did not present sufficient evidence against the lawmaker.
“Having evaluated the evidence… I find that the prosecution has failed to prove a case beyond a reasonable doubt,” ruled the court.
The court criticized the investigation officer in the case, stating that he failed to investigate crucial areas and that the investigations conducted were inadequate.
Magistrate Ochoi added that the key witness against Babu Owino was never summoned to testify.
“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify,” asked the magistrate.
The court ruled that the prosecution failed to present medical evidence demonstrating that the victim was injured by a firearm, and that the ballistics report did not conclusively establish that the firearm was used in the shooting.
MP Babu Owino’s Release Challenged by DPP in DJ Evolve Case
