Babu Owino has a case to answer in a gun drama involving Dj Evolve; court now rules
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Babu Owino has a case to answer in a gun drama involving Dj Evolve at a nightclub in Kilimani in January 2020 according to the court.
A court has declared that Embakasi East MP Paul Ongili alias Babu Owino must appear in court to answer questions regarding the alleged abuse of a firearm in Kilimani, Nairobi, in January 2020.
On Tuesday, April 18, Milimani Senior Principal Magistrate Bernard Ochoi ruled that the prosecution had presented evidence to support putting the MP on his defense.
The magistrate rejected the MP’s argument that the prosecution had not met its burden of proof, saying that the court was satisfied that the prosecution had built a solid case against the accused.
The MP was charged with being disorderly while carrying a gun by firing one bullet with intent to shoot Mr. Felix Orinda, popularly known as DJ Evolve, on the night of January 17, 2020, at B-Club.
According to the prosecution, the MP broke the Firearms Act’s Sections 33 and 31 (1).
If found guilty, the punishment is a period of imprisonment not to exceed one year, a fine not to exceed KSh10,000 or both.
The MP’s defense being brought up does not prove that he is at fault. It denotes that before a decision on his guilt or innocence can be made, the court will compel him to present his side of the tale.
The attempted murder charge was dropped by the victim last year, but the trial court maintained the prosecution’s challenge that the second count of firearm misuse could not be dropped at the victim’s request.
The defence hearing is scheduled to start on June 15, 2023. Mr. Owino is out of custody on bail.
At the time of his release, the trial court prohibited the MP from indulging in alcohol, narcotic drug or substance classified as a drug in a public establishment during the case. He was also barred from commenting on the case in any forum, either in the media or public gathering.
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The first count of attempted murder was dropped following an out-of-court settlement with the DJ, where the MP agreed to buy an apartment for the family and have it registered in the name of DJ Evolve and his parents, plus a customized car designed for use by a person with a disability.
The MP also agreed to pay the medical bills and expenses of the victim. At the time of his acquittal by a court in December 2021, Mr. Owino had paid a medical bill of Sh9.8 million at Nairobi Hospital.
He also agreed to pay a further Sh6.9 million in pending medical bills and nursing care costs.
“As a condition of withdrawal, the MP will purchase an apartment for the victim which will resolve the issue of house rent, and also continue paying for the hospital bills of the victim who comes from a humble background,” said Mr. Ochoi in the acquittal ruling.
The MP also agreed to offer financial support to the DJ due to his immobile state.
Another agreement was for the MP to set up a music academy for DJ Evolve when he recovers and is able to use it in order to generate an income.
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