The magistrate's court acquitted Embakasi East MP Babu Owino after Felix Orinda (DJ Evolve) withdrew the complaint. However, the olive branch handed to the MP is not without a cost.
An agreement filed before the court as a condition for withdrawal revealed the extent to which Babu had to dig into his accounts to ensure DJ Evolve recovers and lives a comfortable life after the shooting incident.
On the other hand, the MP required the DJ and his family to ensure the attempted murder charge against him is dropped and after he is acquitted, the victim will not lodge another complaint.
To secure the DJ's interests after the MP was let free, the agreement had a caveat that in the event Babu failed to honour his end of the bargain, he would be liable to a civil case to recoup any expenses incurred for treatment and compensation for injuries sustained, loss of earnings and future medical costs.
"If any party fails to comply with any of the terms and conditions of this agreement and such failure, if capable of remedy, is not remedied within 30 days of receipt of a written notice of such failure from the party in breach, either party shall be at liberty to rescind the agreement or to sue for breach and indeed if the breach is on the part of the offeror (Babu) then this agreement shall be admissible in court as an admission of liability," the deal filed before Milimani Senior Principal Magistrate Bernard Ochoi, reads in part.
The agreement was to be effective from the date after the criminal case was withdrawn. It factored in the Sh17 million bill charged by Nairobi Hospital for Orinda's treatment.
According to the document, Babu had at the time of writing it, footed Sh9 million to clear the hospital bill.
"The offeror is the one who has catered for the bill at Nairobi Hospital and undertakes to ensure he pays the balance of Sh8 million still owed to the said hospital," reads the document.
At the same time, the lawmaker committed to foot the cost of nursing home care treatment until DJ Evolve fully recovers or as per the advice of doctors.
At the nursing home, Babu agreed to pay for monthly medical checkups, physiotherapy, occupational therapy, counselling, monthly change of tracheostomy, regular acupuncture treatment to activate nerves, and administering drugs by nurses.
He was also to foot for the cost of treating any arising complications. In his ruling acquitting Babu, the magistrate noted that a probation report indicated that the DJ came from a humble background. He also noted that the two appeared to be friends even before the incident.
Bearing in mind that he is immobile, Babu committed to providing financial support for him, setting up a DJ academy that is fully furnished and providing rent for the building where he and Orinda will identify. The DJ academy is to help Orinda generate income.
Being a give-and-give agreement, the DJ and his family were to acknowledge that Babu had paid two years' rent in advance and also footed water, food, electricity, internet bills, and provision of prescribed drugs for treatment.
They were also to understand Babu needed to concentrate on looking for money to meet the bills and not splitting this attention with defending himself in the criminal case.
Meanwhile, Orinda was to also acknowledge that he needed peace and healing and that the court case would not be in his best interest.
Another clause provided that the MP should declare that the fire of their friendship before the incident still kindles even after the incident and the court case.
At the same time, Babu offered to buy a house for Orinda. The magistrate noted that he had bought an apartment for him. Under the same agreement, Babu committed to finance and build Orinda another house in Utawala within five years and have it registered in Orinda and his parents' names.
The other offer was buying a Toyota Noah car to accommodate Orinda within five years. Although they agreed on what to settle, the deal reads that it is not an admission of guilt by Babu.
"It is thus made and executed on a without prejudice basis and without any prejudice to the offeror's plea of innocence made in Court in relation to the charge he is facing in Milimani Criminal Case No. 110 of 2020," it also read.
