NAIROBI, Kenya, Sep 1 — The Public Prosecutor on Friday appealed the decision by a Magistrate Court to drop a shooting case against controversial Embakasi East MP Babu Owino citing an citing overwhelming weight of evidence.
Director of Public Prosecutions (DPP) contested the trial court’s finding that the prosecution lacked compelling to link Owino to the shooting of DJ Evolve at a club in Nairobi’s Kilimimani area in 2020.
DPP also faulted Magistrate Bernard Ochoi’s finding that found the investigation by the police wanting.
“Having evaluated the evidence, I find that the prosecution has failed to prove a case beyond reasonable doubt,” Ochoi ruled.
“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify?” he posed.
Ochoi also cited the prosecution’s failure to produce medical evidence to prove the he victim was injured by a gun.
The court held that a ballistic report did not conclusively find Babu’s firearm was used in the shooting.
