NAIROBI, Kenya, Jan 27 – The family of DJ Evolve who was shot in the neck by remanded Embakasi East lawmaker Babu Owino has expressed reservations on the legislator’s application for bail saying their kin’s life could be in danger.
Evolve, identified in court papers as Felix Orinda, was still recovering Nairobi Hospital’s Critical Care Unit, the court was told on Monday when Owino appeared for a determination on his bail request after spending a week in remand.
The family was concerned that Owino wielded a lot of power given his position in the National Assembly and could therefore “subvert justice,” a bail assessment report presented in court indicated.
“Their plea to the court is that if the same is granted, other protective measures should be instituted to ensure the security of the victim, family and also to safeguard against witness interference,” the probation officer told the court.
Evolve, the officer told the court, was unable to give a detailed statement only saying he was under immense pain and scared since shooting incident at Nairobi’s B-Club on January 17.
“I am in pain; I am tired and traumatized. I don’t want to talk, and I cannot fathom anything. I have not slept for days because I am scared,” the DJ was quoted as saying.
Chief Magistrate Francis Andayi was set to issue a determination at 3pm on Monday after considering the bail assessment report.
Owino is accused of unlawfully attempting to end the life of Felix Orinda after shooting him in the neck, contrary to Section 222 of the Penal Code.
The offence commonly referred to as accessory after the fact to murder attracts life imprisonment.
“Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for life,” Section 222 of the Penal Code reads.
Owino also faced a second charge arising from his disorderly conduct while armed, the prosecution telling the court the legislator violated Sections 33 and 31 (1) of the Firearms Act.
The Act (Section 33) prescribes imprisonment for a term not exceeding a year, a fine not exceeding Sh10,000 or both for any person found guilty of carrying a firearm while drunk or disorderly.
Section 34 (1) further prescribed a sentence not less than seven years but not exceeding fifteen years for, the possession and use of a firearm with, “intent to commit any criminal offence.”