Milimani Chief Magistrate Francis Andayi has recused himself from handling Embakasi East MP Babu Owino’s case, in which he is charged with attempted murder.
Andayi said he withdrew from the case after the office of Director of Public Prosecutions (DPP) filed a complaint to the Judicial Service Commission (JSC) over the bail he granted the accused person.
Babu’s case will now be heard before Magistrate Bernard Ochoi. The matter will be mentioned on March 2nd, 2020.
Babu was arrested and charged after he allegedly shot and wounded Felix Orinda, alias DJ Evolve, on the neck at B-Club in Kilimani, Nairobi on January 17th, 2020.
Magistrate Andayi freed Babu on a cash bail of Sh10 million paid in four installments of Sh2.5 million each over a period of four months. Andayi said part of the cash would be used to pay for DJ Evolve’s treatment while the remaining amount would serve as bail.
Director of Public Prosecutions (DPP) Noordin Haji opposed the bail terms terming them as “unfathomable, misleading and non-executable.”
“We are going for a revision, we have agreed as DPP, and we have also written to the JSC to complain, because of that ruling… I mean, I cannot fathom it,” said Haji last month.
“I have never heard, first of all, of bail terms that you are asked to pay in installments, and then secondly, my understanding is that once you pay bail, it goes to the ex-checker. So how will we be able to access the money to go and pay for the injured party.”
This magistrate needs to be…
This magistrate needs to be fired. Since when did bail became hire purchase? Bail is refundable. Nairobi Hospital will refund the money once the judgment is made.
This Judge should be…
This Judge should be relieved of his duties. Bail is supposed to be security that an accused person will appear in Court, for fear of losing his money. It is not a ‘punishment’, or ‘price’, to pay for freedom, as the Judge seems to think. He then goes a step further, to make it more ‘accommodating’ to the accused, by making it payable in instalments. It makes nonsense of the concept of cash bail as a security to make sure that a Suspect will appear in Court. The Suspect is presumed innocent, until convicted, so the bail is refundable. Where will the Court get the money to refund him, if it has already ordered that it be used?
Just make me the president n…
Just make me the president n such nonsense will never n i repeat will never happen in this kenya.U commit such crime u remain in kamiti maximum without bail mpaka case iishe.I will hang all the corrupt guys within 1 month n sell off their properties to recover the funds.Mpigs will never even dare add their salaries,i will actually bring it dwn to 60,000ksh monthly.I will bring dwn the unga prices to 40ksh by funding our farmers to grow everything.Within 100 days the corrupt will have to ran way coz trust me they will b hanged at uhuru park.I will bring back the 9 provinces back instead of the tribal 47 counties.N aslong as the 45 millions kenyans r on my side i will surely deliver all that.Power is with the millions of kenyans not the few.
The rottenness in Kenya’s…
The rottenness in Kenya’s judiciary is a manifestation of a failing state. Justice is only served to convict the poor while cushioning the rich and corrupt. God help us
Business as usual in Kenya. …
Business as usual in Kenya. A corrupt judge granting unheard of bail to a criminal who almost killed the poor citizen. He should be fired immediately. He is as corrupt as hell. He does not deserve to be a judge anywhere.
Alikula hongo and then he…
Alikula hongo and then he decides to recuse himself.In comes the next corrupt judge .Not a coincidence that his replacement ,him and the accused are all from the same tribe.The more things change the more things stay the same.Kazi iendelee.
We have a big problem in our…
We have a big problem in our country but tribal issues will not allow us to see the real picture. When akasha brothers were in kenya all their judgements ended up being innocent, But in the US they were found guilty in a heart beat. When the elections were nullified people sung praises for cj maraga but now since ni mtu yetu we are silent we cannot call him out for being a corrupt man hiding behind his lame faith of being a seventh day. When iebc announces results that do not favors us, we are out in the streets demonstrating they need to go, but when the same iebc conducts election a recent as kibra and we win we are ok coz our candidate won yet it is the same iebc which conducted the election.
@Jomo Kidong, there are 2…
@Jomo Kidong, there are 2 tribes in Kenya the rich and the poor. Our prisons are full of the tribe called the poor because they cannot afford to buy their freedom. All the rich criminals are out there showing off their wealth. The rest are wanjinga nyinyi who are used by politicians during election period and dumped.
Unfortunately you and @Jomo…
Unfortunately you and @Jomo Kidong are both right. The rich go to the same hangouts send their kids to the same schools, marry each other with no ethnic boundaries, go to each others funerals and protect each other from prosecution. The poor however have sub-tribes which the rich exploit to hold on to power. I observed their behavior up close and wajinga nyinyi is really wajinga sisi because we allow them to manipulate us.