Milimani Chief magistrate Francis Andayi has withdrawn from Embakasi East Babu Owino’s gun drama case over bail controversy.
The matter has been referred to magistrate Bernard Ochoi, before whom the matter will be mentioned on March 2, 2020.
On January 27, Andayi freed the legislator on a Sh10 million cash bail that he was supposed to deposit in four installments of Sh2.5 million each.
The monies would be used to settle the victim, Felix Orinda alias Dj Evolve’s hospital bill.
Two days later, however, Director of Public Prosecutions (DPP) Noordin Haji termed the bail terms “unfathomable” as well as misleading and non-executable in the search for justice.
The DPP wondered how the bail money would be accessed in order to pay the hospital bills after being deposited with the exchequer.
“We are going for a revision, we have agreed as DPP, and we have also written to the JSC to complain, because of that ruling… I mean, I cannot fathom it,” he said.
“I have never heard, first of all, of bail terms that you are asked to pay in installments, and then secondly, my understanding is that once you pay bail, it goes to the ex-checker. So how will we be able to access the money to go and pay for the injured party,” he added.
On January 30, Babu filed two urgent applications, with one seeking a review of his bond terms.
He argued that the Sh10 million bail was too high and should be slashed. In the other application, the lawmaker through his lawyers Duncan Okachi, Danstun Omari and Cliff Ombeta, Babu asked the court to gag the DPP from making comments about his release.
The order was not granted.
His defense team last week claimed that the government is working towards preferring murder charges against their client as the victim’s hospital bill then stood at Sh4.5 million.
“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 said.
He claimed 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 posed.
Dj Evolve was allegedly shot in the neck on January 17 by the Embakasi East lawmaker who has since denied attempted murder charges.
Babu also faced a second charge arising from his disorderly conduct while armed.