DEFENCE TEAM OPPOSES APPLICATION

DPP wants Babu Owino's bail cancelled

The prosecution says there was a serious error of law in the decision of a lower court to release Babu.

In Summary

• MP wants his bail terms reviewed, says he will find it difficult to pay the remaining instalments. 

• Babu was charged with the attempted murder of Felix Odhiambo, popularly known as DJ Evolve, at B-Club in Kilimani, Nairobi, on January 17.

Embakasi East MP Babu Owino in a Milimani court, Nairobi, on September 26, 2017.
Embakasi East MP Babu Owino in a Milimani court, Nairobi, on September 26, 2017.
Image: REUTERS

The prosecution has sought the cancellation of MP Babu Owino’s bail in the attempted murder case. 

Babu was charged with the attempted murder of Felix Odhiambo, popularly known as DJ Evolve, at B-Club in Kilimani, Nairobi, on January 17. He also faced charges of behaving disorderly while carrying a firearm. He pleaded not guilty.

The DPP wants the Embakasi East lawmaker held in custody pending the hearing and determination of the matter. Appearing before Justice Luka Kimaru, the prosecution said there was a serious error of law in the decision of a lower court to release Babu on bail.

In January, Milimani chief magistrate Francis Andayi directed Babu to deposit Sh2.5 million to secure his release and pay the remaining cash in four equal instalments within three months. As a condition, he was warned against drinking or using drugs.

The court also considered that the victim's family was incapable of settling his medical bill. Hence, the bail money would go into settling the bill.

The prosecution had opposed the MP's release and maintains its ground. "The learned magistrate was to deny the accused person bond as the prosecution had given compelling reasons… he never considered the Victim Protection Act and had he done so, he would have refused the bail," it said.

But through defence lawyers Danstan Omari and Cliff Ombeta, the court heard that there was no specificity on the compelling reasons by the lower court and instead asked for the review of earlier bail terms. They informed the court that Babu’s interest is purely to save the life of the victim.

“Thus far, the state has not offered whether they can treat the victim whose bill has now shot to Sh4.5 million. The accused was willing to assist voluntarily but not as a court order,” Omari said.

In an application filed at the Milimani courts, Babu said he will struggle to pay the remaining Sh7.5 million after depositing the first Sh2.5 million instalment.

"I have partially complied with the terms and thus I'm out on bail but will struggle to meet the remaining instalments as directed and thus would also appreciate an alternative bond over and above a reduction of the amounts stated," Babu said.

The judge will make a ruling on the matter on February 27. The victim’s family had also opposed Babu’s release, raising concerns about their security given that "Babu is an influential person and could use that to subvert justice."

DJ Evolve had declined to comment, saying that he was still traumatised and scared for his life. He is still recuperating at The Nairobi hospital.