Embakasi East Member of Parliament Paul Ongili (Babu Owino) has pleaded not guilty of shooting Felix Orinda alias DJ Evolve at B Club located along Galana Road in Nairobi last week.
The legislator was charged with attempted murder after he was accused of shooting the DJ on the neck in the Friday morning incident.
The charge states that on Babu Owino 'unlawfully attempted to try to cause the death of Felix Orinda by shooting him on the neck' during the morning incident.
While pushing for his release on bail, the legislator’s lawyer Cliff Ombeta challenged the prosecution’s plea to detain the lawmaker on the ground that he could interfere with the witnesses.
Ombeta said that the prosecution had no proof to warrant the detention of his client.
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“Interfering with a witness is a criminal offence. The question is when did he do it and where?” he asked.
“He who alleges must prove before the court. The accused person doesn’t have a case in Kibera court,” he added after he sought to rubbish assertion by the prosecution that the MP had another case in Kibera law court.
Ombeta argued that since the MP had denied the charge, it was only prudent for the article 50 of the Constitution to apply, which accords him the presumption of innocence until proven guilty. He further argued that such would grant his client the right to prepare for his case.
A defence lawyer Danstan Omari accused the prosecution of making a statement that could make up premature judgment implying that the MP was already guilty.
“The DPP only presents evidence and it’s the court to convict, he said while rubbishing DPP’s statement that they have evidence that can trigger conviction.
Omari pleaded with the court to treat the legislator normally like any other suspect and not with a preconceived mind that he was a notorious person with criminal tendencies.
The DJ identified as Felix Orinda alias DJ Evolve was in critical condition at the Nairobi Hospital where he was rushed after the shooting.
It was reported that DJ Evolve got into an argument with Owino at the club before the shooting happened at about 7 am. The two are bosom buddies, close associates said.
Friends who visited him at the hospital like, Radio presenter Joe Muchiri, who is known to him, revealed that doctors had told him that Orinda’s major organs had not been affected by the bleeding.
In a short video, Embakasi Member of Parliament (MP) Babu Owino, who is facing attempted murder charges, is seen whipping his pistol before shooting a man believed to be Orinda.
The youthful MP is seen smoking shisha in the company of other revelers.
The 18 seconds long CCTV footage ends with two men dragging the wounded man from the club.
From the time stamp on the video, the incident happened at 7.16 am.
After the shooting, Owino, other revelers and management of the club rushed the DJ to the Nairobi Hospital. He was rushed to theatre and a bullet that had been lodged in his neck was removed. Doctors say DJ Evolve is in critical condition but stable.
However, the prosecution rubbished this narrative today when it told the court that the medical documents from the hospital were dated January 18, a day after the MP was already arrested and put in police custody.
It argued that it was impossible for Babu to facilitate the treatment for the victim while in police custody.
As of January 17, Orinda was scheduled to undergo a second operation to remove a blood clot in his neck after doctors had removed a bullet that was lodged in his neck.
This has been corroborated with his friends who have visited him at Nairobi Hospital.
The Directorate of Criminal Investigations on Saturday on Friday said that its officers recovered a firearm believed to have been used by the legislator.
“Detectives have managed to recover the firearm that is suspected to have been used by Hon. Babu Owino at the B Club shooting incident,” DCI stated on its twitter page.
“Nine rounds of ammunition and a spent cartridge have also been recovered and placed as exhibit awaiting analysis by ballistic experts.”
Babu Owino arrested
Owino was arrested at the hospital where he was waiting for the DJ to be attended to. It was not clear what prompted the shooting.
On Saturday, the Embakasi East MP was moved from the Kilimani Police Station to the Gigiri Police Station in an attempt to avoid possible chaos at the station.
A DCI detective who sought anonymity said tens of youths suspected to be the legislator’s supporters were spotted near the police station and there was fear that chaos would at the area.
In his defence, the MP claimed he reacted after a group of aggressive individuals surrounded him at the club where they were reveling.
“While enjoying the company of my friends at a popular Nairobi restaurant, I was surrounded by a large group of aggressive individuals. In the melee, there was an exchange of gunfire,” read the statement.
His lawyer, Cliff Ombeta further added that aggressive people approached him and wanted to harm him hence his reaction.
He said: "The MP realised the guy who was shot was one of his close friends and rushed him to hospital." Ombeta added that the incident was regrettable.
[Additional reporting by Cyrus Ombati, Hillary Orinde, Babu Tendu]