NEWS

‘He Offered Me a House and Car’ Babu Owino’s Attempted Murder Charges Were Withdrawn – DJ Evolve Reveals

Babu Owino, MP for Embakasi East, has pledged to purchase an apartment for the family of Mr Felix Orinda, well known as DJ Evolve, in return for the attempted murder accusations against him being dropped.

The MP will also cover the victim’s medical costs and expenditures, according to a court order issued Tuesday. The main witness was the victim.

“As a condition of withdrawal, the MP will buy an apartment for the victim, resolving the problem of home rent, and continue to pay the victim’s healthcare costs, who hails from a low-income family,” stated Senior Principal Magistrate Bernard Ochoi.

The magistrate remarked that the apartment would reasonably take care of the matter since the victim’s family will no longer be burdened by the rental burden. The MP has been paying for the services of a medical professional at the Nairobi Hospital, according to the court.

According to the probation department’s assessment, Mr. Orinda comes from a low-income family and cannot afford specialized treatment. Following a finding that the Office of the Director of Public Prosecutions (ODPP) had also agreed to the plan, the magistrate granted the victim’s request to drop the case and acquitted Mr Owino.

Mr. Ochoi said that the ODPP’s worries about the victim’s wellbeing seemed to have been addressed in the mediation.

“I have come to the opinion that this is a case in which a court should facilitate reconciliation in accordance with the Constitution, and as a result, I will grant the request to dismiss the charges against the accused in count one – attempted murder.” “He has been acquitted,” the magistrate said.

The charges against the MP for acting in a disruptive way while in possession of a weapon, on the other hand, may only be removed by the DPP. This implies he will very certainly face charges.

On January 17, 2020, the politician was accused of trying to assassinate DJ Evolve by shooting him in the neck at B Club in Kilimani, Nairobi.

Motivation

Mr Orinda tried to have the accusations against Mr Owino dropped after he was charged in court, but the DPP objected, arguing the dismissal should be conditional. DJ Evolve said in his withdrawal application that he and his family had decided that he should focus on his health rather than the lawsuit after consulting with them.

The victim and his family said in a letter dated September 21, 2020, sent to the DPP and the court’s executive officer, that the matter was hindering his recuperation due to his split focus. The letter was accompanied with a thumbprint against the name Felix Orinda on an instruction note, as well as an affidavit sworn by Mr Orinda and signed with a thumbprint.

The magistrate said that the window of engagements (out-of-court settlement) between the parties was still open and that they must come forward and offer specifics.

Prosecutors Jacinta Nyamosi and Joseph Riungu requested further time to analyze the letter’s contents. They informed the court that they needed more time to figure out what motivated the victim’s actions and if ADR was the best course of action.

An instruction note with a fingerprint against the name Felix Orinda accompanied the mail. There was also an affidavit signed by Mr. Orinda, who signed it with his thumbprint.

The victim’s parents, Johannes Orongo Odhiambo and Mary Adhiambo Hongo, signed the letter.

The family said in the letter that they had been debating whether or not to enable the complainant to focus on his therapy rather than the ongoing criminal case against the MP.

They claimed that the lawsuit was interfering with his recovery. According to the letter, the family had spoken with the complainant many times, and he had “categorically indicated his very considered view that he did not want the matter to proceed.”

The victim and his family’s attorneys informed the magistrate that the victim’s desires should be honored.

They went on to say that out-of-court settlements are legal for any offense, and that the fact that the case was of public interest did not bar it from being withdrawn for an out-of-court settlement since all cases were equal before the law.

The prosecution, on the other hand, said that they did not want to react to the victim’s intention right away because they wanted to learn more about what influenced his choice.

Prosecutors also said that a medical evaluation report was required to evaluate Mr Orinda’s capacity to deliver orders.

Article 157 of the Constitution, on the other hand, requires the DPP to utilize his or her powers with appropriate consideration for the public interest, the administration of justice, and the need to prevent and avoid legal process abuse.

On the attempted murder charge, the court released the MP, and the DPP will now handle the other charges.