Embakasi East Member of Parliament Babu Owino has been acquitted in the attempted murder case against Felix Orinda alias DJ Evolve.
This is after the court allowed the withdrawal of the case by DJ Evolve.
Babu will however be prosecuted in the second count of behaving disorderly while carrying a firearm.
Senior principal magistrate Benard Ochoi ruled that due to the fact Owino and Evolve were friends before the incident and have maintained that friendship even after the shooting, the court should encourage reconciliation.
“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,” Ochoi ruled.
DJ Evolve made an application seeking to withdraw the matter on grounds that he wants to concentrate on his treatment rather than the pending case which was affecting his healing process due to divided attention.
In a letter filed in court, Lawyer Kenneth Mumbo said that the family of Odhiambo acknowledge that both the accused Owino and the DJ had been goods friends before the incident that resulted to the court case.
The letter further stated that the family have been in constant communication with Odhiambo who had categorically expresssed considered position that he did not want the case to continue hence the letter to the DPP to have the case withdrawn under section 204 of the Criminal Procedural Code(CPC)and in the spirit of Article 159(1)of the constitution on alternative dispute resolution.
However, upon perusal of the letter state counsel Jacinta Nyamosi said that the letter was addressed to his boss Noordin Haji and the case was of great public interest adding that there was need to give the DPP sufficient time to consider the issues raise by the victim before responding to the application for withdrawal.
Nyamosi sought more time saying that they were interested in preserving the interests of the victim and the DPP wished to understand what was the motivation and the reason why victims family had taken the position to withdraw the matter rather than the prosecution of the MP.
“The DPP needs to engage the victim, the family of the victim and their lawyers to find out the motivation,”said Nyamosi.
However, the magistrate declined to allow the withdrawal as requested by DJ Evolve and granted the DPP a month satisfy himself on the issues raised before he can give his directions on the matter.
The MP was charged with the attempted murder of DJ Evolve after he shot him in the neck at B-Club in Kilimani last year January 20.