NAIROBI, Kenya, Dec 14 – Embakasi East Member of Parliament Babu Owino has been acquitted of attempted murder charges after a DJ he shot in January 2020 withdrew the case.
Felix Orinda commonly known as DJ Evolve told the court through his lawyer that he did not wish to proceed with the matter.
In his ruling on Tuesday, Senior Principal Magistrate Bernard Ochoi said although the court was not involved in the negotiations, Owino was taking certain obligations towards the welfare of DJ Evolve who had agreed on an out of court settlement.
“And since he had expressed his wish to withdraw the case, we would not want to stand on his way. It is noted that the accused and complainant were friends before the incident and appear to have maintained the same even after the incident,” Ochoi said.
He further pointed out that when the complainant writes to the court to withdraw charges on the accused, the court has no option but to encourage reconciliation as envisaged in the Constitution.
“This is a matter where the court should encourage reconciliation as envisaged in the Constitution. I will allow the withdrawal of the charges against the accused in count and therefore, the accused is acquitted,” he ruled.
In October 2022, DJ Evolve wrote to the court saying that after consultations with his family, they agreed to concentrate on his health rather than the case.
In the matter, Owino was charged with attempting to kill Evolve by shooting him on the neck at B-Club, Nairobi.
Owino will however be prosecuted on the second count of behaving in a disorderly manner while carrying a firearm.
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