DJ Evolve’s application to withdraw attempted murder case against Embakasi East MP Babu Owino has been dealt a big blow by Director of Public Prosecutions (DPP) Noordin Haji.
Babu is accused of attempting to murder Felix Orinda alias DJ Evolve by shooting him on the neck at B Club located along Galana Road in Nairobi on January 17th 2020.
The MP is also facing a second charge of behaving disorderly while carrying a firearm by firing one bullet with intent to shoot the mix master.
DJ Evolve made an attempt to withdraw the case against Babu Owino through a letter dated September 21st 2020 addressed to DPP and the Court’s Executive Officer.
The victim and his family indicated that the court case was affecting his healing process due to a divided attention.
Evolve wanted to withdraw the criminal case on grounds that Babu and him were good friends even before the shooting incident that resulted to the court trial.
But the court presided by senior principal magistrate Benard Ochoi declined Evolve’s request saying the application did not meet the threshold set to withdraw a criminal case.
Further, that the unconditional withdrawal of the case was not appropriate in the circumstances because the parties had not disclosed what the Embakasi East MP was offering the victim or his family.
While stating that the window of engagements (out-of-court settlement) between the parties was still open, the magistrate said they must come out openly and inform court the details.
Magistrate Ochoi in his ruling said the law empowers the DPP to discontinue any criminal proceedings at any stage before judgment is given.
However, Article 157 of the constitution enjoins the DPP to exercise the powers with due regard to public interest, interest of administration of justice and the need to prevent and avoid abuse of office of the legal process.
Speaking during an interview on YouTube on Friday October 29th 2021, DPP Noordin Haji revealed that he still hasn’t withdrawn the case against Babu Owino.
Haji rubbished media claims that Babu’s attempted murder case had been withdrawn, insisting that his office is still carrying on with the prosecution.
“All cases that have been mentioned in the media that ODPP has not prosecuted are ongoing for example; The Obado’ s case, Babu Owino’s case, Jowie and Maribe’s case and other more,” said Noordin Haji.
Watch the full interview in the video below:
