Babu Owino’s case regarding the attempted murder of DJ Evolve has taken a new twist after the court allowed the withdrawal of the case.
In a ruling today, the Embakasi East lawmaker will only answer to charges of disorderly behavior while carrying a firearm.
Earlier in March, a Nairobi court had dismissed an application by Felix Orinda aka Dj Evolve to withdraw the attempted murder case against the Embakasi East MP.
This was after the disc jockey in October last year, through his lawyer, Kenneth Mumbo, said he wanted to concentrate on his health rather than the case.
His immediate family, then, told the court that the case was interfering with Dj Evolve’s healing process.
Read: Court Dismisses Application By Dj Evolve To Withdraw Case Against MP Babu Owino
But Principal Magistrate Benard Ochoi said the application was not enough to have the case dismissed.
He also noted that the case cannot be withdrawn yet he was not sure what the MP had offered Evolve’s family.
“Unconditional withdrawal is not appropriate in the circumstances of this case; the parties must come out openly and tell the court what Babu had offered the family,” Ochoi said.
The prosecution declined to drop the case before having a mental assessment test carried out on the victim.
Senior principal magistrate Benard Ochoi granted the DPP a month and instructed them to appear in court on November 9 for mention.
Read Also: Autopsy Reveals What Killed DJ Evolve’s Mother Mary Hongo – Video
In his ruling, magistrate Ochoi said he had seen the letter from Evolve to the DPP seeking to withdraw the case.
Evolve who is bedridden was allegedly shot in the neck by the lawmaker rendering him disabled from the neck down.
Babu was arrested and charged with the attempted murder of the DJ at B-Club, Kilimani.
He was later released on an Sh10 million bail that was to be paid in four equal installments.
The money would be used to settle costs incurred at Nairobi Hospital where Evolve spent at least six months.
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