A court has acquitted Embakasi MP Babu Owino in a case in which he was charged with misusing his firearm in relation to the shooting of Felix Orinda aka DJ Evolve.
Last month, the legislator asked the court to dismiss the case on grounds that the prosecution had failed to prove its case beyond reasonable doubt.
“Throughout the case, none of the witnesses did actually testify to the fact that the accused person was disorderly as none of the witnesses actually saw the accused person behaving in the alleged disorderly manner,” he argued.
The lawmaker told the court that the prosecution had failed to prove that he acted disorderly while carrying a gun.
Read: I Have Spent Sh58 Million on DJ Evolve – Babu Owino
Babu noted that none of the witnesses could attest to his disorderly behavior.
“We most humbly submit that the prosecution has failed to establish that the accused person is guilty beyond any reasonable doubt. Differently put, the prosecution case is akin to the type civil litigants describe as scandalous, frivolous, vexatious and an abuse of the court process,” he said.
The lawmaker asserted that none of the prosecution witnesses, including the defendant DJ Evolve, had proved that he was in possession of a firearm during the shooting.
He alleged that the accusations that he was intoxicated on the material day were unsupported by any toxicology reports.
DJ Evolve testified that he did not see the lawmaker with a gun on the day he was shot in the neck.
“When I met Owino, he had no gun at the Club and I never saw a firearm that shot me,” the court heard.
“I was having conversations and the next thing I was in a vehicle going to the hospital. I did not see where the bullet came from.”
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