Babu Owino, the MP for Embakasi East, has been ordered to defend himself in court against allegations of firearm misuse at a nightclub in Kilimani, Nairobi in January 2020.
Milimani Senior Principal Magistrate, Bernard Ochoi, has ruled that the prosecution has presented enough evidence to justify proceeding with the case.
The MP was accused of disorderly conduct and firing a bullet with the intention to harm Felix Orinda, also known as DJ Evolve, while in possession of a firearm.
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The magistrate rejected the MP's defense that the prosecution had not met the burden of proof, stating that the prosecution had established a strong case against him.
The MP is accused by the prosecution of contravening Sections 33 and 31 (1) of the Firearms Act.
If proven guilty, he could face imprisonment for a maximum of one year, a fine of up to Sh10,000, or both.
The court's decision to order Babu Owino to defend himself is not a declaration of guilt. Rather, it signifies that the prosecution has presented sufficient evidence to warrant further inquiry into the matter.
As part of the legal process, the accused will have an opportunity to present his defense and provide his version of events before a verdict is reached on his culpability.
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It was reported that the MP had agreed to purchase an apartment for the victim as a condition of withdrawal.
The resolution addressed the issue of house rent for DJ Evolve, who comes from a humble background. Additionally, Babu Owino agreed to continue to cover the victim's hospital bills.
“As a condition of withdrawal, the MP will purchase an apartment for the victim which will resolve the issue of house rent, and also continue paying for the hospital bills of the victim who comes from a humble background,” Mr Ochoi said.
The hearing for the MP's defense is set to commence on June 15, 2023.