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Crime & Investigations

Babu Owino Threatens to Sue NMG Over DJ Evolve Story

by Mustafa Juma
written by Mustafa Juma

Embakasi East MP Babu Owino is now threatening to sue Nation Media Group over a story on Felix Orinda, polularly known as DJ Evolve.

The controversial lawmaker, who he is accused of shooting the entertainer on the neck while raveling at B Club in Nairobi’s Kilimani area in January, denied the charges preferred against him at a Milimani court and was granted Sh10 million bail.

He later appealed, and the cash bail was reviewed to Sh 5 million after being charged with attempted murder and behaving in a disorderly manner.

NTV on Monday reported that DJ Evolve, who was recently discharged from Nairobi hospital, is still bedridden and cannot do anything by himself.

The video showed the DJ has not fully regained his voice and is struggling to talk.

But through his lawyers, Okatch and Partners Advocates, Babu asked the media for a public apology within two days.

He wants the media house to admit liability for ‘slanderous and libelous statements’ or he will sue.

In his demand letter, Babu claims that the piece aired on TV was aimed at pitting him against the public.

“That your story on the plight of Orinda though noble as it shows his improved state, has been used by yourselves to attack, accuse, persecute. reprimand, convict our client in the eyes of the public. The sole intention was indeed to whip up emotions, and incite the public against our client, ” the letter dated July 1 read.

Babu said the story infringes his constitutional rights to a fair hearing.

“That we have carefully listened to and watched the said story over and over and indeed at no point has the said Felix Orinda stated that he was shot by our client, ” he said.

“In fact, even before your news item, Orinda has never ever stated in any forum whatsoever that he was shot by our client. The Directorate of Public prosecutions has further confirmed that in fact Orinda has never recorded a statement on the matter.”

Babu said that the ‘slanderous, libelous defamatory remarks’ have made him suffer considerable mental anguish and embarrassment.

According to the DPP Noordin Haji, the case has been slowed down by the inability of the victim to record a statement following the shooting which affected his speech.

The DPP through a statement issued on June 30 said that Investigation report shows that the victim is paralyzed and has a speech impediment making it very challenging to record his statement.

The MP was arraigned in court on January 1, 2020 and was charged with attempted murder and behaving in a disorderly manner.

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Crime & Investigations

DPP Haji Reveals Why Babu Owino’s Case in DJ Evolve’s Shooting Has Stalled

by Mustafa Juma
written by Mustafa Juma

Director of Public Prosecution (DPP) Noordin Haji has been forced to break his silence on an attempted murder case involving Embakasi East MP Paul Ongili alias Babu Owino.

The controversial lawmaker early this year shot Felix Orinda alias DJ Evolve on the neck while reveling at B Club in Nairobi’s Kilimani area.

Babu Owino was arrested, but was later released on bond after denying attempted murder charges.

On Monday June 29, 2020, NTV ran an exclusive story where DJ Evolve spoke for the first time on his life after the shooting.

The DJ, who is currently under home care after being discharged from Nairobi hospital, with a cumulative bill of Ksh 17 million, narrated how he is currently struggling to live along with his condition.

Barely inaudible, Orinda told NTV that he has improved since the January incident but explained the shooting incident left him immobile and traumatized.

DPP Noordin Haji accuses Judiciary of shielding errant judges ...
DPP Noordin Haji. PHOTO/COURTESY

This caused an uproar on the internet, with netizens calling for justice for him. DPP Haji, who has been forced to address the matter, issued a comprehensive statement explaining why Babu Owino’s prosecution has taken long.

According to the DPP, the case has been slowed down by the inability of the victim to record a statement following the shooting which affected his speech.

According to the IO report, the victim is paralyzed and has a speech impediment making it very challenging to record his statement.

The MP was arraigned in court on 20/1/2020 charged with attempted murder & behaving in a disorderly manner.

Babu Owino however, denied the charge and was released on Kshs.10 million bond with two sureties of same amount and in the alternative, cash bail of Kshs.5 million.

DPP Haji further notes that the matter was scheduled for mention on 20/3/2020 but was affected by the Covid-19 directions issued by the NCAJ on 16/3/2020 scaling down court operations.

At the same time, Orinda’s family says they are yet to hear from the Embakasi MP despite reports on local tabloids that the MP had reached out to the family for an-out-of-court settlement.

Babu Owino is said to have drawn his gun and allegedly shot DJ Evolve, who was reportedly unarmed. The incident is said to have occurred at the popular B Club in Kilimani estate, Nairobi.

Police say the lawmaker argued with the DJ,  before he drew his gun and shot him on the neck.

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Crime & Investigations

Babu Owino Freed on Bond, Barred From Taking Alcohol

by Mustafa Juma
written by Mustafa Juma

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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