The Director of Public Prosecution now wants the decision setting free Embakasi East MP Babu Owino quashed.
The DPP has moved to the High Court to appeal the lower court’s decision. This decision found Babu Owino innocent in a case where he was charged with misuse of firearms.
In documents filed at the High Court, the DPP argues the trial court made a mistake. This happened when setting free the Embakasi MP, as the court failed to consider the weight of the evidence presented.
“The trial Magistrate made a mistake in acquitting Babu by failing to properly consider the credible and convincing evidence adduced by the prosecution witnesses,” court papers seen by Nairobi Leo read in part.
“The trial Magistrate Bernard Ochoi made a mistake in law and fact. He found that there was no evidence of the victim sustaining gunshot wounds and that Babu did not intend to shoot the victim.”
Trial magistrate Benard Ochoi on Tuesday acquitted MP Babu. He said the Prosecution did not provide sufficient evidence to pin him down.
He said the prosecution did shoddy work in the case as such did not prove the charges levelled against the MP.
The MP was accused of misusing his firearm. This misuse led to a shooting incident that left DJ Evolve injured and paralysed.
Ochoi however established that the prosecution failed to provide evidence that the bullet that shot Dj Evolve was one from MP Babu’s gun.
Source-https://www.nairobileo.co.ke/
