Embakasi East Member of parliament Paul Ongili alias Babu Owino’s lawyer has filed a suit against the government for allegedly effecting terms that are detrimental to the case.
His lawyer, Danstan Omari has taken to the High Court claiming that the state was conspiring to instigate murder charges against the lawmaker as the victim’s hospital bill is standing at Sh4.5 million.
Owino was accused of shooting Dj Evolve during a night out at a club, and he is currently admitted at the Nairobi Hospital, in the Intensive Care Unit.
For instance, Omari argues that the application to revoke the bond terms granted to Owino has stalled the earlier arrangement where part of the lawmaker’s bond would be used to settle the victim’s hospital bill.
“On our part, we did put an argument that what is before the court is the insensitivity of the state not taking up the life of the victim (Dj Evolve) very seriously,” said Omari.
He wondered who would settle the current pending hospital bill as the victim’s condition needs urgent attention failure of which the worst might happen.
“The state made an application to review the terms of bond that released Babu Owino on the grounds that one; there was no fixed cash bail deposit. Two; there were no fixed sureties and therefore, Babu was released without any cash bail or any surety. Thirdly; the money that Babu is supposed to deposit in court is supposed to go for medical compensation,” Omari is quoted.
Omari reiterated that Babu who is the suspect is pro-life and so far no single payment has been made by the state to cater to the victim’s treatment hence putting his life in danger.
He insisted that the government intended to cancel the bond terms and stop funds from being paid at the Nairobi hospital until the victim’s health deteriorates.
“Is it fair that the state seats and decides to instigate a death when the state’s role is to preserve life? Under the social contract theory, the state is supposed to preserve life,” Omari questioned.
Following the shooting incident, Owino was arrested, arraigned and released on Monday, January 27, on a Sh10 million cash bail to be deposited in three installments over the next three months.
However, the Directorate of Public Prosecution (DPP) Noordin Haji had appealed the bail ruling on the grounds that it detailed gross irregularities.
Haji raised concerns over how the whole process was arrived at, arguing that the law was not properly followed.
Haji questioned, “After the money has been deposited with the courts, how will we even access the money to pay the hospital bill for the victim?”
The DPP thus labeled the orders by Milimani Chief Magistrate Francis Andayi as misleading and non-executable in the search for justice.
The case is set for hearing again on February 27, under Justice Luka Kimaru.