Embakasi Member of Parliament, Babu Owino, has been acquitted of charges related to the alleged misuse of his firearm in connection with the shooting of DJ Evolve.
Magistrate Bernard Ochoi ruled in favour of Babu, stating that the prosecution had failed to provide substantial evidence to support the charges brought against him.
Owino had been facing charges of firearm misuse and disorderly behaviour following the incident involving the shooting of DJ Evolve.
However, the court found that the prosecution's case was insufficient to prove Babu's guilt beyond reasonable doubt.
In a turn of events, DJ Evolve, whose real name is Felix Orinda, testified under oath that he did not witness Babu's presence at the time he sustained the gunshot wound.
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Although he confirmed being injured by a bullet in January 2020, Evolve could not identify the origin of the firearm or the person responsible for the shooting.
"I was injured by a bullet but I don't know from which gun. I just found myself in a vehicle to the hospital," he stated during the court proceedings, emphasizing the voluntary nature of his testimony.
While on the stand, DJ Evolve expressed his expectation of support from Babu as a friend. "I came to find out that Babu Owino was supporting me and as a friend, I expected my friends to look after me," he added.
Babu Owino's legal representative, Duncan Okatch, confirmed the MP's acquittal, stating, "Yes, it is true. He has been acquitted of charges laid against him."
Owino's defence team argued that throughout the case, none of the witnesses was able to confirm Owino's disorderly behaviour or his possession of a firearm during the shooting incident.
Last month, Owino requested the court to dismiss the case, contending that the prosecution had failed to meet the burden of proving the charges beyond a reasonable doubt.
"The prosecution case is akin to the type civil litigants describe as scandalous, frivolous, vexatious, and an abuse of the court process," he stated.
The court's decision highlighted the lack of evidence connecting Babu to the alleged disorderly behaviour and misuse of a firearm.
None of the witnesses, including DJ Evolve, could verify Owino's involvement in the incident.
Additionally, allegations of intoxication on the part of Babu Owino on the day of the shooting were not substantiated by any toxicology reports.
Magistrate Ochoi's ruling signifies a significant development in the case, ultimately resulting in the acquittal of Babu from the charges brought against him.
The verdict underscores the importance of substantial evidence in legal proceedings and serves as a reminder of the presumption of innocence until proven guilty.
The case has drawn widespread attention, shedding light on the challenges of establishing guilt in complex legal matters.
As the legal process concludes, the focus now shifts to the aftermath of the trial and its implications on the individuals involved.