File image of MP Babu Owino
The Director of Public Prosecution has asked the High court to set aside the acquittal of Embakasi East Member of Parliament Babu Owino in regards to DJ Evolve’s case where he was being accused of misusing his firearm.
The DPP in its appeal said that the high court made a mistake of setting the Legislator free despite the weight of evidence and testimony adduced by their witnesses.
“The trial Magistrate made a mistake in acquitting Babu by failing to properly consider the credible and convincing evidence adduced by the prosecution witnesses,” DPP said.
The DPP further claims that the court erred when it determined that the ballistic expert report was unsatisfactory.
“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,” DPP said in its appeal.
Magistrate Benard Ochoi on the 29th of August acquitted the parliamentarian and further stated that the prosecution did not present enough evidence that could implicate Babu Owino.
Ochoi recognized two grounds for determination in the case after analyzing the proof presented in court. One question was whether Babu was drunk and was unruly on the night DJ Evolve was allegedly shot. The second question was whether DJ Evolve had been shot, and if so, was it with intent?
The court stated that there is no dispute that the location of the incident is a popular eating and drinking joint.
Also Read: MP Babu Owino Acquitted in DJ Evolve Shooting Case
