Embakasi East MP Babu Owino was on Tuesday acquitted in the misuse of a firearm case related to the shooting of DJ Evolve at B Club in 2020.
In his judgement, Senior Principal Magistrate Benard Ochoi faulted the state for bungling the case saying they did a shoddy job in their investigations and presentation of evidence.
“Having evaluated the evidence before me, it is my finding that the prosecution did not prove the case beyond reasonable doubt, the victim denied that he quarrelled with the accused. For the above stated reasons, the accused is found not guilty and acquitted under section 215 of the CPC ” Ochoi ruled.
The court further said that from evidence produced in court there was no dispute that Babu was at B club and that DJ Evolve was shot and got injured.
However, he said the prosecution failed to prove that Babu was drunk and disorderly thereby misused his firearm to shoot DJ Evolve.
Ochoi said the prosecution did not establish the element of Babu drunkenness and they never produced evidence to show DJ Evolve’s injuries.
“Prosecution did a shoddy job in proving their case, no medical evidence tendered in court to show the kind of injuries sustained by the victim in this case,”
Further adding that no medical evidence was produced to show the victim wa injured by a gun and the ballistic report didn’t conclusively find the firearm was used in the Act.
Ochoi also noted that the DJ Evolve who was allegedly shot by Babu was not called as a prosecution witness rather he testified in favour of Babu and dismissed the testimony of the state.
The court said in order to prove act of shooting, prosecution must prove that victim was shot and wounded by a firearm and the type of firearm and ammunition that was fired from the gun.
“It’s not enough for state to produce evidence of disorderly conduct. There should have been a blood sample taken for alcohol content. None of the prosecution witnesses spoke on status of Babu on whether he was drank or not,” the court ruled.
In his testimony to court, Babu told court that he had used over 54 M on DJ Evolve mainly to rehabilitate him and give him a comfortable life after the incident.
He bought him a house worth Sh 17 million and even opened a DJ academy for him to help him become financially independent.
