Editor's Review

The DPP argues that the trial court made a mistake when setting free Embakasi MP Babu Owino.

The Director of Public Prosecution now wants the decision setting free Embakasi East MP Babu Owino quashed. 

The DPP has moved to the High Court to appeal the lower court's decision that found Babu Owino innocent in a case where he was charged with misuse of firearms. 

In documents filed at the High Court, the DPP argues that the trial court made a mistake when setting free the Embakasi MP saying the court failed to consider the weight of the evidence presented in court.

“The trial Magistrate made a mistake in acquitting Babu by failing to properly consider the credible and convincing evidence adduced by the prosecution witnesses,” court papers seen by Nairobi Leo read in part.

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DJ Evolve is said to have been shot by MP Babu Owino.

“The trial Magistrate Bernard Ochoi made a mistake in law and fact by finding that there was no evidence of the victim having sustained gunshot wounds and that Babu did not intend to shoot the victim.”

Trial magistrate Benard Ochoi on Tuesday acquitted MP Babu saying the Prosecution did not provide sufficient evidence to pin him down.

He said the prosecution did shoddy work in the case as such did not prove the charges levelled against the MP.

The MP was accused of misusing his firearm in a manner that led to a shooting incident that left DJ Evolve injured and paralysed.

Ochoi however established that the prosecution failed to provide evidence that the bullet that shot Dj Evolve was one from MP Babu's gun.