Babu Owino Not Free Yet. DPP Appeals His Acquittal

The Director of Public Prosecutions has asked the High Court to set aside the acquittal of Embakasi MP Babu Owino in a case in which he had been charged with misusing his firearm in the shooting of DJ Evolve.

In its appeal before the High Court, the DPP says the trial court made a mistake in acquitting him without considering the weight of evidence and testimony adduced by their witnesses.

“The trial Magistrate made a mistake in acquitting Babu by failing to properly consider the credible and convincing evidence adduced by the prosecution witnesses,” DPP said.

The DPP further says the court made a wrong finding when it ruled that the ballistic expert report was inconclusive.

“The trial Magistrate Bernard Ochoi made a mistake in law and fact by finding that there was no evidence of the victim having sustained gunshot wounds and that Babu did not intend to shoot the victim,” DPP said in its appeal.

On August 29, Magistrate Bernard Ochoi acquitted Babu saying said the prosecution did a shoddy job as no evidence was produced to prove the charges levelled against Babu.

After analyzing the evidence produced in court, Ochoi identified two issues for determination in the case.

One was whether Babu was drunk and behaved in a disorderly manner on the night DJ Evolve was allegedly shot.

Second was whether DJ Evolve sustained a gunshot and if it was from Babu, was there intent to do so?

The court said there is no doubt the environment in which the offence took place is a popular joint for food and drinks.

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It relied on CCTV footage which showed people eating and drinking.

Babu had denied taking alcohol that night. However, the court was not convinced by his testimony because there were prosecution witnesses who testified to seeing him taking alcohol.

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This was expected

that was one insane ruling. Judge alitumia kichwa kama bakuli ya kustore menu. Ata kama ni kugula rushwa he Should have made more common sense