Magistrate withdraws from Babu case, cites DPP complaint over bail ruling

L-R: Dj Evolve, Babu Owino and rapper Bamboo at B Club on May 4 2016.

A magistrate has disqualified himself from hearing the attempted murder case against Embakasi East MP Babu Owino.

Milimani Chief Magistrate Francis Andayi yesterday disclosed that the Director of Public Prosecution (DPP) Noordin Haji had filed a complaint with the Judicial Service Commission over his ruling in the case in which the MP is accused of shooting a DJ at a city night club on January 17.

Babu has also been charged with disorderly behaviour while carrying a firearm.

Mr Andayi said Haji had complained that Babu ought not to have been granted bail, which he is expected to pay in instalments. Part of the money was to be channelled towards settling Felix Orinda aka DJ Evolve’s hospital bill.

READ ALSO: DJ Evolve: Meet man shot by Babu Owino

The chief magistrate had freed Babu on Sh10 million bail that was to be paid in four instalments of Sh2.5 million each in three months.

“Due to various reasons I will not handle this matter. I will forward it to my colleague Bernard Ochoi,” said Andayi when the matter came up for hearing.

The matter will be mentioned on March 2.

Babu Owino in court.

Immediately after Babu was released on January 29, Haji revealed that his office was in the process of filing for a revision of the bail ruling.

The DPP expressed his disappointment at how the case had been handled, arguing that the decision reached “was in total disregard of the Constitution.”

“We are going for revision against the ruling given at the Milimani High Court. We have unanimously agreed as an office about this.

READ ALSO: Inside story on dawn shooting of Dj Evolve

“We will also be speaking to the Judicial Service Commission on this gross irregularity. I cannot fathom this. I have never heard such a ruling before,” said Haji.

The DPP also termed the orders given by Andayi as “misleading and non-executable in the search for justice.”

As a condition of his release, the court also prohibited the MP from taking alcohol or narcotics in a public establishment pending the hearing and determination of his case.


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