Babu Owino 'not off the hook' as DPP appeals DJ Evolve case ruling

By Peter Ochieng

Embakasi East Member of Parliament (MP) Paul Ongili popularly known as Babu Owino is seemingly not ‘off the hook’ just yet, days after being acquitted from a case relating to shooting of Felix Orinda, alias DJ Evolve.

On Tuesday, 29th August 2023, trial magistrate Bernard Ochoi ruled that the prosecution failed to provide enough evidence against the lawmaker, in a case bordering on misuse of a firearm, which reportedly led to shooting of the DJ in January, 2020 at a Nairobi night club.

“Having evaluated the evidence, I find that the prosecution has failed to prove a case beyond reasonable doubt,” ruled Ochoi.

Not satisfied with the ruling, the office of the Director of Public Prosecutions (DPP) has appealed the decision.

In court papers filed at the Milimani Law Court Nairobi, the DPP says he is dissatisfied with the lower court's decision.

“The trial court made a mistake in acquitting the lawmaker without considering the weight of evidence and testimony adduced by witnesses who testified in the case,” reads the appeal, in part.

In his ruling, the magistrate wondered why the main witness in the case was never called to testify against the vocal MP.

“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify?" he paused.

"If the bullet head was recovered on the wall as claimed, was it not necessary for a ballistic expert to visit the scene and adduce evidence. Was it not necessary to provide medical evidence to show that the bullet exited from DJ Evolve's body and landed on the wall?"

Reacting to the ruling, the second term MP said it went according to the way ‘God wanted it to go.’

"This judgment has gone the way the Almighty God wanted it to go. That is how God wanted it to go. The day I will be victorious is the day I will see DJ Evolve walk and stand by my side.”

He said he will stop at nothing in a bid to have the DJ regain his walking ability, including taking him to India for specialized medical attention.

“I want to assure DJ Evolve and members of the public that I will walk by DJ Evolve’s side and will be there for him, in fact am planning to take him to India for further checkup and am praying to God to grant Felix both the physical and spiritual strength to ensure he walks in the near future.”