Babu Owino, the Member of Parliament for Embakasi East, has been cleared of charges in the Felix Orinda, also known as DJ Evolve, shooting incident.
In a decisive ruling, Milimani's senior principal magistrate, Bernard Ochoi, asserted that the prosecution had not managed to substantiate the accusations.
The case revolved around allegations of firearm misuse and disorderly conduct, ultimately resulting in Babu Owino's acquittal.
READ: Shooting incident returns to haunt Babu Owino after Court ruling
Magistrate Bernard Ochoi emphasised that the prosecution's performance was lacking, as they failed to present any substantial evidence to substantiate the charges brought against Babu Owino.
What magistrate Ochoi Babu Owino's club incident
Ochoi noted that the Investigating Officer's reliance on CCTV footage was evident. "The footage," the Magistrate stated, "cannot replace medical evidence. A medical report or P3 form should have been provided to establish that the victim sustained a gunshot wound."
Upon reviewing the played CCTV footage, the court observed a clear counter where Babu stood, despite the dark background.
Nevertheless, the Investigating Officer expressed inability to discern Babu's gun or identity from the clip.
Consequently, the evidence fell short in demonstrating that DJ Evolve was wounded by a bullet.
"The investigating officer's assertion of not recording a statement from DJ Evolve raises questions of intent or negligence," the court remarked, suggesting an intriguing possibility.
In acquitting Babu, the court highlighted that the ballistic report lacked definitive proof that Babu's firearms were employed in the incident.
Curiously, the individual responsible for retrieving the bullet head and cartridge was notably absent from the list of testimonies provided.
What DJ Evolve said about Babu Owino
A turning point emerged for Babu Owino when DJ Evolve, under oath, affirmed that he had not witnessed the parliamentarian during the time he was shot.
READ: DJ Evolve fully recovers his voice 3 years after shooting incident
Acknowledging the incident in January 2020, Evolve candidly admitted that he lacked visual contact with the shooter or the weapon employed during the incident.