Babu Owino had been smoking shisha for about six hours at B Club in Nairobi when he shot DJ Evolve at the joint in January 2020, a court heard on Monday.
The Embakasi East MP arrived at the club at about 11pm on the night of January 16, 2020, and took his place among revellers with his bodyguards seated at strategic corners.
"He was enjoying himself by smoking shisha and I sat at a corner from where I could see him very well," corporal Hamisi Ali said.
The police officer served as Babu Owino's bodyguard between 2018 and 2020 when he was recalled after the bar incident.
Hamisi was with Babu when the MP checked in at the joint and guarded him until about 4am.
They were three bodyguards. The other two who he identified as Walter and Edwin were not police officers.
"At about 4am, Honourable Babu gave us a fallout and we then left for our homes," Hamisi said.
A fallout means the end of the bodyguards duties for the night and that they were therefore free to leave, he said.
And so the bodyguards left and Babu continued enjoying himself at the club.
Flora Charo, a woman who was manning the club's entrance that night, said she remembered seeing the MP check into the club in the company of other men.
"I don't remember seeing him leaving. My work was mainly to check if females coming in carried with them drinks from outside," Charo said.
B Club in Nairobi's upmarket Kilimani suburb has an entrance and an exit, which means someone can check in and leave without the knowledge of the guards at the entrance.
Babu Owino had been charged with attempted murder over the shooting of DJ Evolve but the two families settled the case out of court.
The lawmaker is, however, on trial for a second charge of misuse of firearm.
Hamisi said Babu was a responsible leader and had never shown his pistol in public during the years he worked with him.
"He is a licensed firearm holder. I know because I was with him when he went to apply for the licence," Hamisi said.
Another prosecution witness Elvis Ogolla said he was at the club partying from about 10pm to 6am that night and that nothing had happened.
"It was an ecstatic night. I was with my girlfriend," Ogolla said.
It was at about 6am when the girlfriend left the club. Ogolla was not ready to leave with her. But he followed her out.
As he came back to the club, he took a turn to the washroom. That is when hell broke loose.
"I saw everyone walking out of the club. I had not realised what had happened. I also left," he said.
Driver Dereck Makhoha said he was called by his manager, a Mr Mwai, who told him to rush to the club's parking area.
He worked at the club as the driver of a van. It is Makhoha who rushed DJ Evolve to The Nairobi Hospital that morning.
"On arrival at the hospital, DJ Evolve was received by nurses. Babu Owino followed them into the hospital," Makhoha said.
Soon after, police officers came and directed they go to Kilimani police station.
Nairobi senior principal magistrate Bernard Ochoi adjourned the case to November 10 when hearings continue.
