• Milimani principal magistrate Benard Ochoi ruled that the application had not met the threshold for withdrawal at this stage.
• The court told the MP that it had not closed avenues for further engagements between him and DJ Evolve despite the ruling.
A court has declined a request by DJ Evolve to withdraw a case in which Embakasi East MP Babu Owino is charged with attempting to murder him.
DJ Evolve whose real name is Felix Orinda wrote to the court last year asking to withdraw the case so that he can focus on his healing.
Through his lawyers, he told the court that he had wholeheartedly forgiven the MP who was his friend and wanted to drop the case.
Milimani principal magistrate Benard Ochoi ruled that the application had not met the threshold for withdrawal at this stage.
The court told the MP that it had not closed avenues for further engagements between him and DJ Evolve despite the ruling.
Ochoi said he can't withdraw the case when he is unaware of what Babu had offered to compensate DJ Evovle.
"Unconditional withdrawal is not appropriate in the circumstances of this case; the parties must come out openly and tell court what offer the accused has made while pursuing restorative justice," Ochoi said.
Ochoi noted that the court had also not been told whether compensation has been made, despite the serious injuries suffered by the DJ as a result of the shooting.
The court ruled that under the Victims Protection Act, if Babu participates in restoration of justice, he shall not be deemed to have prejudiced DJ Evolve's rights under the law.
Ochoi said he had considered the DPP’s concern as to the care and wellbeing of the victim. A pre-bail report filed last year showed that DJ Evolve's situation was dire and his family of little means.
"They may not have the capacity to cater for the kind of specialized treatment he requires; the fact that parties have chosen to reconcile and embrace restorative justice is a viable option considering the unique circumstances of this case," the court ruled.
The DPP had opposed the application and asked the court for time to conduct a mental assessment on the victim to ascertain whether he can give instruction for the withdrawal of the case.
Magistrate Ochoi said that two medical reports were filed in court from two doctors who indicated that DJ Evolve was of sound mind.
There was no indication that his hearing process would be jeopardized if the case proceeded to full hearing.
The DPP had also objected to the withdrawal of the case due to public interest and the evidence they had against Babu.
The case will now proceed to trial unless DJ Evolve makes another application for withdrawal.
Babu was early last year charged with attempted murder, after he allegedly shot and wounded the DJ at Nairobi’s B-club. He is out on cash bail.