A Nairobi court on Monday dismissed an application by Felix Orinda aka Dj Evolve to withdraw the attempted murder case against Embakasi East MP Babu Owino.
In October, the disc jockey through his lawyer, Kenneth Mumbo, said he wanted to concentrate on his health rather than the case.
His immediate family, then, told the court that the case was interfering with Dj Evolve’s healing process.
But Principal Magistrate Benard Ochoi on Monday said the application was not enough to have the case dismissed.
He also noted that the case cannot be withdrawn yet he was not sure what the MP had offered Evolve’s family.
“Unconditional withdrawal is not appropriate in the circumstances of this case; the parties must come out openly and tell court what Babu had offered the family,” Ochoi said.
The prosecution declined to drop the case before having a mental assessment test carried out on the victim.
Senior principal magistrate Benard Ochoi granted the DPP a month and instructed them to appear in court on November 9 for mention.
In his ruling, magistrate Ochoi said he had seen the letter from Evolve to the DPP seeking to withdraw the case.
Evolve who is bedridden was allegedly shot in the neck by the lawmaker rendering him disabled from the neck down.
Babu was arrested and charged with the attempted murder of the DJ at B-Club, Kilimani.
He was later released on an Sh10 million bail that was to be paid in four equal installments.
The money would be used to settle costs incurred at Nairobi Hospital where Evolve spent at least six months.