Embakasi East MP Babu Owino is finally free.
On Monday evening, the court ruled that the embattled MP should post a Ksh10 bond, which will be used to pay for the treatment of DJ Evolve, the man he was arrested for shooting in the neck during a night club altercation.
He was ordered to pay the hefty amount in four installments, with the first payment sufficing to guarantee his release.
He has also been restricted from taking alcohol or any narcotic drug.
The family of the victim, Felix Odhiambo Orinda, had opposed Babu’s release on bond in a court session that was not without drama.
The case had earlier taken a dramatic twist in court after one of the Babu’s supporters was arrested for shouting at a lawyer from the Directorate of Public Prosecutions (DPP) office as the pre-bail hearing was ongoing.
Babu is represented by lawyers Dunstan Omari, Cliff Ombeta and five others.
Omari had pleaded with the court to release the Embakasi East MP so that we could proceed with his parliamentary duties to avoid losing his seat.
Babu had, on January 20, denied two counts – an unlawful attempt to cause the death of the Nairobi DJ and carrying a firearm while drunk and disorderly – following a gun drama at Nairobi’s B-Club on January 17.
The embattled lawmaker is accused of unlawfully attempting to end the life of Orinda after shooting him in the neck.
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.
CCTV footage from the club showed Babu shooting the DJ, while smoking shisha, and surrounded by his friends – including a lady who was seated just next to him.
The DJ is still admitted to Nairobi Hospital having undergone surgeries to remove a bullet that was lodged in his neck.
Owino had failed to appear in court on Thursday, January 23, in a case he is charged with uttering abusive words against President Uhuru Kenyatta because he was reportedly unwell and had been suffering from chest pains.
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