Babu Owino: DPP Appeals Against Acquittal Of Embakasi MP In DJ Evolve's Shooting Case

• Director of Public Prosecution (DPP) wants the High Court to set aside the ruling by the lower court and convict Embakasi East MP in the misuse of firearm case
• DPP said Senior Magistrate Bernard Ochoi erred in law and fact by finding the evidence produced by DPP to be weak
• The magistrate acquitted the youthful lawmaker after finding that the evidence by the prosecution failed to meet the required threshold

Nairobi - The Office of the Director of Public Prosecutions (ODPP) has appealed against a decision to acquit Embakasi East MP Babu Owino of the charge of misusing his gun in the shooting of Felix Orinda, alias Dj Evolve.

Assistant Director of Public Prosecutions Dorcas Rugut appealed to challenge Milimani Senior Principal Magistrate Bernard Ochoi's judgement to acquit the outspoken lawmaker over lack of evidence.

In an application filed at the High Court and seen by TUKO.co.ke, Rugut raised six grounds on which she wants the judgment set aside.

What are the 6 grounds raised by DPP?

Among the issues raised by the prosecution is that Ochoi failed to consider the weight and credibility of the evidence the prosecution witnesses adduced.

"The learned trial magistrate erred in law and fact by acquitting the respondent without considering the weight of evidence and testimony adduced by the prosecution witnesses.

The learned trial magistrate erred in law and in fact in acquitting the respondent by failing to properly consider the credible and cogent evidence adduced by the prosecution witnesses," Rugut said.

The DPP also raised the issue of the magistrate's interpretations of the ballistic report, which informed his decision to acquit the lawmaker.

"The learned trial magistrate erred in law and fact by finding that the ballistic expert report was inconclusive," the DPP stated.

Further, the DPP disputed the finding by the magistrate that there was no evidence of the victim having sustained gunshot wounds.

Based on the six appeal grounds raised, the DPP wants the Superior Court to set aside Ochoi's decision and substitute it with a conviction.

"The DPP prays that its appeal be allowed and the judgement acquitting MP Owino under Section 215 of the Criminal Procedure Code Chapter 75 Laws of Kenya be set aside and be substituted with a conviction," Rugut stated in appeal papers.

Why MP Babu Owino was acquitted?

While dismissing the case against the Embakasi East MP On Tuesday, August 29, Ochoi said the prosecution failed to prove its case.

Ochoi was particular that the investigations were shoddy, making the prosecution's case weak.

For instance, the magistrate noted that none of the witnesses lined up testified that Babu behaved disorderly while at the club.

"The court cannot be left to rely on a video that was played. The video had no sound. In the video the accused was seen pointing something black facing the other side and someone fell," read the magistrate.

Another shoddy area of investigation was that the investigating officer stated that he did not collect the bullet picked by someone who did not testify in court.

"The investigations by police officers were shoddy as they failed to cover crucial areas," the magistrate stated.

The magistrate was surprised that DJ Evolve was not prosecution witness number one.

"The investigation officer stated that he did not record a statement from him. One wonders whether it was negligence or deliberate," Ochoi said.

Additional reporting by Zipporah Weru, TUKO.co.ke correspondent.