Embakasi East MP Babu Owino has had attempted murder charges against him withdrawn.
This comes after the complainant Felix Orinda, alias DJ Evolve, filed an application to withdraw the case, saying he did not wish to proceed with the matter.
Senior Principal Magistrate Bernard Ochoi on Tuesday noted that the accused and the complainant were friends before the shooting incident and have maintained the same afterward.
The magistrate added that even though the court was not involved in the negotiations, the accused has been undertaking certain obligations towards the welfare of the complainant, who agreed on an out-of-court settlement.
“And since he had expressed his wish to withdraw the case, we would not want to stand on his way. It is noted that the accused and complainant were friends before the incident and appear to have maintained the same even after the incident.”
“Taking all the above into account I have come to the conclusion that this is a matter where the court should encourage reconciliation as envisaged in the Constitution and therefore I will allow the withdrawal against the accused in count one…the accused is acquitted,” ruled Magistrate Ochoi.
Owino, who is accused of shooting DJ Evolve at B-Club in Kilimani, Nairobi in January 2020, will still face charges of disorderly behavior while carrying a firearm.
Following the shooting, Orinda was admitted to Nairobi Hospital for six months where he underwent multiple surgeries before he was discharged to recuperate at home.
MP Owino was later arrested and charged with attempted murder and disorderly behavior while carrying a firearm. He denied the charges and was released on a Sh5 million cash bail.
In August, the first-time MP said Orinda was doing well and could start walking soon.
This guy was always innocent…
This guy was always innocent from BEGGINING I knew it. Woke assumes guilty before giulty is proven . USELESS PEOPLE THESE.
I will buy him Pepsi when we meet for all the suffering.
The guy is innocent of what?…
The guy is innocent of what? That he pulled the trigger and short the DJ has never been in dispute. The case was withdraw before it was litigated.
The biggest”sweetener” as always in such situations is money. Influential and well connected persons always use their connections,and cash for a favorable out come.They bane of poverty shall always haunt the poor man despite justice being supposedly blind.
You are as incompetent as…
You are as incompetent as your username.
You should have added…
You should have added another “k” to your monicker. It would should better calling yourself KKK than that you call yourself.
Your not a lawyer to understand implications and results.
Better you shut and listen to your Mama instructions before playing with men’s INTILLEGENTS.
@Rotten we know you are not…
@Rotten we know you are not as obtuse as you present yourself. You just want to ignite stupid arguments that make no sense. KKK would actually be nice initials. It would be a great conversation starter. See how I spin that to my favor. Let that marinate.
He shot that Dj Evolve.
This…
He shot that Dj Evolve.
This is miscarriage of Justice.
@Rotten, put whatever you…
@Rotten, put whatever you are smoking down! Did you say innocent when there is a video showing Babu Owino pulling the trigger?
Did you see before that…
Did you see before that video editing by woke like you haters of rich people?
You hate yourself too much too much pain conveyed to OTHERS for being happy ..
Go get a prostitute to relieve your steam..
You cannot afford any.
Your suffering is too much. Just jump over cliff and all troubles are gone.
In less corrupt countries,…
In less corrupt countries, if I pull a gun or even a panga and attempt to kill you or maim you, friendship is irrelevant. The state has a duty to protect citizens. The ability to influence and corrupt should not be allowed to determine who gets away with a crime. Opening your eyes and seeing injustice is a good thing. On a side note, did you just learn the word “woke” from your white friends? Your have used it twice today.
He should sue for defamation…
He should sue for defamation . Mother will be proud of the innocent boy being persecuted by Jealousy neighbors. Follow evidence before saying a word .
…how is that? Justice for…
…how is that? Justice for DJ!!!!
DJ Evolve has a big heart…
DJ Evolve has a big heart. It is rather unfortunate he also recently lost his mother.
Babu Owino has a lot to learn from this young man; a man he attempted to kill. Babu, may you be haunted by your action everytime you close your eyes. When you walk, eat, use bathroom remember Orinda can no longer do the same independently.
This was never a case of D J…
This was never a case of D J Evolve Vs Babu Owino. It was a criminal prosecution; Babu Owino Vs the people of Kenya. Our judiciary has been compromised again. This man was charged with attempted murder and disorderly behavior while carrying a firearm. All of these charges cannot be wipped out by him saying sorry and crying crocodile tears. Whatever money Owino has given Evolve should be of no consequence at this juncture because the charged person was suppossed to face a separate civil case for all the loses and damages suffered by Elvolve as a result of defendant’s criminal activities. Evolve has not received anything that wasn’t due him from Owino. Besides, this nonsense about them being friends is juvenile and pedestrian reasoning at best. We have seen friends murder friends all the time. And how does this ruling deter another criminal in future?
Dj was paid to drop the…
Dj was paid to drop the charges. The arms of the law looked the other way. We all know regardless of him dropping the charges, the government still has an obligation to convict him. Attempted murder charge is never up to the plaintiff, law is law. He brandished his weapon in a public place. Put other civilians in harms way. If here in the US, he was guaranteed to serve at least 2 to 3 years on weapons charges. Kenya’s law is not for the rich, they are above it.
Spot on @ KK. I would like…
Spot on @ KK. I would like to know if there is a precedent in Kenya’s jurisprudence on similar case.
I dont understand how aperson charged with murder can have the victim withdraw the charges.This is serious stuff. This was not fist thrown in anger and broke anose… of a friend.
Let’s hear from our criminal lawyers. Can this case be appealed for miscarriage of justice?
You computer warrior you see…
You computer warrior you see me face to face you would apologize like little teenager girl .
What a shame. This is total…
What a shame. This is total nonsense. Lock this MF up!!!!!!
Even biwott daughter hate…
Even biwott daughter hate him
Nothing sicker than that..
Look video before altercations not seen in public as it’s very graphic to watch as human being and not through yourself on fire instantly.
This is “State Vs Ongili”…
This is “State Vs Ongili” from get go. Not “DJ Evolve Vs Babu”.
If a woman withdraws a rape case but there is sufficient proof that rape occurred, the onus oil on the State to sustain the charges. Likewise for the maiming injury in the case of the DJ.
If the court sets such a precedence then what would preclude victim coercion ablackmail in similar scenarios?
Sad, that no amount of education will ever ensure the Black monkey’s practicum is well contextualized.
The State must sustain its charge on this deviant miseducated loud mouthed mongrel.
Where is Assa Nyakundi! May be the black monkey will withdraw the case claiming,”no complainant, no witnesses, and no sufficient evidence”. Mashetani ninyi.
Investigate these players for judicial misadventure; these are all Chitembes. Shame.
Looking at the vid there’s…
Looking at the vid there’s no evidence babu was under threat besides hes got bodyguards. Intent to kill not proven but reckless homicide fits the bill. Was the victim mentally able to negotiate a deal in his sad bad near vegetative state? Can a victim withdraw a state case? It was state vs babu.
Reconciliation is still a better option
Justice is the…
Justice is the reconciliation.
Justice for paralyzed Dj Evolve.
And Justice is Babu Owino in jail.
Miscarriage of Justice.
Very…
Miscarriage of Justice.
Very sad story.
This is why we have said it…
This is why we have said it over and over again that, THERE ARE 2 JUDICIAL SYSTEMS IN KENYA. ONE FOR THE RICH, POWERFUL AND WELL CONNECTED, TWO FOR THE COMMON MWANAINCHI.
REVOLUTION IS THE WAY OUT.
WE CANNOT AFFORD THIS KIND OF SYSTEM.
WHY WAS BABU OWINO ALLOWED TO EVEN GET CLOSE TO A WITNESS??
WAKENYA LAZIMA TUAMKE.
That why people hire lawyers…
That why people hire lawyers.
Your poor your suck and go to hell
I thought the state should…
I thought the state should.
But, don’t we have pro BONO LAWYERS?
Just a thought.
What is the point of hiring…
What is the point of hiring a lawyer when the judge is corrupt?
Shouldn’t this be the people…
Shouldn’t this be the people vs Babu? What will stop this useless MPig from shooting another Kenyan and the coercing them to settle out of court? What statutes of Kenyan law allows this?
Raila Odinga supports…
Raila Odinga supports shooting of Dj’s in Kenya. He supports Babu Owino.
He must fall.
N we the stupid idiots…
N we the stupid idiots useless voters will still vote for him??He is on The old baba party which ofcourse love violence?Let see if baba will say any shit about it.