A Nairobi trial Magistrate court has this evening acquitted Embakasi East Member of Parliament (MP) Paul Ongioli alias Babu Owino of gun misuse charges in a cctv shooting of Felix Orinda, popularly known as Dj Evolve at Nairobi’s Kilimani B Club in 20220.
While acquitting Babu, trial Senior Principal Magistrate Bernard Ochoi ruled that the prosecution failed to adduce enough evidence against the lawmaker.
He blamed the police for bungling the investigations due to shoddy probe.
“Having evaluated the evidence … I find that the prosecution has failed to prove a case beyond reasonable doubt.” Ochoi ruled.
The court faulted the investigation officer in the case saying that he failed to tackle crucial areas and termed the investigations done as shoddy.
Magistrate Ochoi further noted that the main witness was never called to testify against the now free lawmaker.
“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify?” The magistrate posed.
The court ruled that the prosecution failed to adduce the medical evidence to show that the victim was injured by a gun and the ballistic report didn’t conclusively find the firearm was used in shooting.
“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?” The magistrate wondered.
On whether the legislator behaved in a disorderly manner, it was the court’s finding that the State failed to prove the disorderly conduct alleged. The court thus faulted the prosecution for not adducing the blood sample to show the alcohol content.
“The aspect of drunckness was not established.” The court noted.
Last month, DJ Evolve testified in court and submitted that he did not see the legislator with a firearm during the shooting incident that occurred at a Nairobi nightclub in January 2020.
While testifying virtually from his bed, the DJ said he does not know what happened to him as he only found himself in an ambulance.
He however acknowledged to the Nairobi court that he was indeed shot and injured by a bullet on the fateful day, but that he does not know from which gun.
While testifying virtually before the trial magistrate Ochoi in June this year, Orinda said that on the night of January 16th and 17th 2020, he met Owino at B club where they had conversations like old friends.
He said he had met Babu Owino in 2014 and had no squabbles.
“When I met Owino, he had no gun at the Club and I never saw a firearm that shot me. I was having conversations and the next thing I was in a vehicle going to the hospital. I did not see where the bullet came from.” Orinda testified.
The DJ also confirmed to the court that Owino has been supporting him since the incident.
“Owino has been supporting me and continues to support me. I have received medical, utility and general well-being support. No other person has come to support me,” he added.
Owino’s second witness who was his bodyguard, Edwin Otieno also confirmed to the court that his firearm had jammed after a previous shooting range.
He said at the time of the incident, he was a private protection officer and personal assistant to Owino.
In the case, Babu had been charged with misusing a firearm.
