A Milimani court has declined a request to stop the Director of Public Prosecution from making public comments on MP Babu Owino’s attempted murder case.
Senior principal magistrate Kennedy Cheruiyot, however, certified the application as urgent and directed Babu to serve the DPP with the suit papers.
Inter-parties hearing will be on February 6.
In the application filed before the court on Thursday, Babu claimed that DPP Noordin Haji has become an inciter of the public in total disregard to his rights.
“The first respondent’s (Haji) action amounts to public persecution of the applicant instead of the constitutional mandate of prosecution,” he says.
The Embakasi East MP was charged on January 20 with the attempted murder of Felix Odhiambo alias DJ Evolve at B-Club on January 17.
He was also charged with behaving disorderly while carrying a firearm.
Court documents say the MP fired one round of ammunition with the intention to shoot at the DJ.
Appearing before chief magistrate Francis Andayi, Babu denied all the charges and sought to be released on bail.
Babu was represented by lawyers Dunstan Omari, Cliff Ombeta and five others.
The prosecution had earlier opposed his release on bail or bond as according to them, he was likely to interfere with witnesses since he is an influential man in society.
Babu was arrested on January 17 and a CCTV footage from B-Club appeared to show him drawing his gun and shooting a man.
The footage also appeared to show Babu smoking shisha before and after the shooting of the man.
Two men are then seen dragging the man outside the facility after the incident that happened at around 7.16 am.
