Miguna Miguna Reacts to the Acquittal of MP Babu Owino in DJ Evolve’s Shooting Case

Miguna Miguna Reacts to the Acquittal of MP Babu Owino in DJ Evolve’s Shooting Case

Lawyer Miguna Miguna has weighed in on the acquittal of Embakasi East MP Babu Owino of attempted murder charges.

Owino was acquitted on Tuesday after the complainant Felix Orinda, alias DJ Evolve, applied to have the charges against the first-time MP withdrawn as he did not wish to pursue the matter further.

Senior Principal Magistrate Bernard Ochoi ruled that the court would not stand on DJ Evolve’s way after he expressed his wish to withdraw the case.

The magistrate added that even though the court was not involved in the negotiations, the accused has been undertaking certain obligations towards the welfare of the complainant, who agreed on an out-of-court settlement.

Reacting to the ruling, Miguna indicated that there should have been an order restraining Owino from contacting DJ Evolve and witnesses in the case.

“One can only be acquitted after a trial. Criminal cases cannot legitimately be withdrawn or terminated on the basis of negotiations between a shooter and the person shot,” Miguna said through Twitter.

Miguna, who was deported to Canada four years ago, argues that a criminal prosecution is not between the accused and his victim, but between the state and the accused.

He opines that Owino, his lawyers, and the magistrate should be prosecuted for perverting the rule of law.

Owino, who is accused of shooting DJ Evolve at B-club in Kilimani, Nairobi in January 2020, will still face charges of disorderly behavior while carrying a firearm.

Comments

Rotten (not verified)     Tue, 12/14/2021 @ 07:33pm

Miguna is a woke doesn't know what he is taking about. This is not a gay vs straight people controversy .

Guesty (not verified)     Wed, 12/15/2021 @ 06:46am

In reply to by Rotten (not verified)

1. Both Dj Evolve and Babu Owino are Luo’s.

2. Dj Evolve is paralysed from the neck down.

3. Babu Owino belongs in jail for shooting Dj Evolve.

4. There is video evidence showing everything that happened.

kithoi (not verified)     Wed, 12/15/2021 @ 11:03am

In reply to by Rotten (not verified)

Rotten I think you are the one who does not know what you are talking about. Its a criminal offense to murder somebody and the family cannot say we don't want to pursue the case .Same as you assault somebody that's criminal what can be civil is the pain and suffering for the victim. If you not a lawyer stick to your lane.

Wali wa Daku (not verified)     Wed, 12/15/2021 @ 11:26am

In reply to by Rotten (not verified)

Miguna is right. The case is a criminal one, which is the people vs Babu. Many people saw him fire the gun, recklessly, in a crowded club. He could have killed other patrons or caused a stampede with many casualties.

It's improper that the judge let's this thug back on the streets like nothing happened. The victim may be reluctant to be a witness, but how is his misuse of a gun and being disorderly not punished?

Well, since he got of with a pat on the back, he's gonna be back to his thuggery soon with this illegitimate stamp of impunity from this judge.

Mwangi (not verified)     Tue, 12/14/2021 @ 08:37pm

Thank you Miguna... I thought it was weird even though I am not a lawyer. How is this even possible in a lawful country?

Morris Menye (not verified)     Tue, 12/14/2021 @ 10:07pm

BBI gangsters have taken over prosecution in Kenya.But the big question to Haji is-Will muuaji Ongili be prosecuted if Orinda dies of the same injuries?Apart from wauaji Murathe,Ongili and Kamanda,how many other murderers has BBI given license to kill?Time to be armed with guns(legal or illegal) ready for kina Ongili,Kabogo,Obado,Wanjiru,Raila,Kamanda,Murathe is now.

Guesty (not verified)     Tue, 12/14/2021 @ 11:09pm

This is miscarriage of Justice.

Babu Owino belongs in jail & Raila Odinga should not be president of Kenya since he supports Kenyans getting shot by ODM goons.

MjuAji (not verified)     Wed, 12/15/2021 @ 04:10am

Hivi ndivyo mahakama, mahakimu na wanasheria walivyokandamiza haki na ukweli katika nchi tuipendayo. Kama kweli filamu inaweza kuonyesha wazi wazi jinsi kitoto hiki kilivyomyanyua risasi kijana huyu, kisha korti inatupilia mbali kesi hii, ni kicheko cha huzuni. Kwani makubaliano waliyonayo ni yao, lakini hatia ikiwemo matumizi mabaya ya silaha yapo. Owino yuafanya hivyo ili awezeshwe kusimama tena kama mbunge katika uchagyuzi ujao. Serikali na hasa hakimu mkuu anatakiwa kuingilia kati ili kuhakikisha kwamba tendo kama hili halitatendwa na wenye nguvu na mali, kisha wanakuwa huru.Hiki ni kicheko cha dhihaka kwa wanyonge na mahakama zetu. Tutatarajia haya na mengine mengi serikali itakapoundwa na Raila au Ruto: kuficha maovu kwa wale wanaowaunga mkono.

Seneca (not verified)     Wed, 12/15/2021 @ 08:21am

I concur with Miguna. DJ Evolve should not have a say in how the criminal trial works out...for it is the State vs Ongili. THey can work out a civil agreement.

mteja (not verified)     Wed, 12/15/2021 @ 08:28am

Thank you Miguna for seeing through our now rotten judiciary...I know they also tried to help you return to Kenya in a similar manner, but on this case of Babu, no accused should be allowed to contact the victim. Hell No!

Mkenya halisi (not verified)     Wed, 12/15/2021 @ 08:36am

That’s why many times I ask myself Do God really exist?Coz if he existed he will not allow such stupid things to b happening to the poor n understand the poor bloke should have bin bribed big time?Kweli pesa ni mbaya.If I was the stupid DJ this guy could have lot in Jail.This reminds me of shebesh slap from idiot Kidero???Stupid Stupid things happening hapa in kenya.Yet the system allows such dandabegs remain in leadership n we the brainwashed idiots will vote for this Satan owino.Bure sisi wanachi

Bobby Kibe (not verified)     Wed, 12/15/2021 @ 09:20am

Not too long ago, Emmanuel Macron of France got a lot of backlash when he stated that Africans do not and have not historically featured much in shaping the human condition. I think he was right when looking at some of the things that happen in Kenya.

K (not verified)     Wed, 12/15/2021 @ 03:38pm

This is like telling him he did nothing wrong & that if he repeats it in the future he should be just fine. No wonder lawmakers were pushing to have Kenya removed from ICC so that impunity can be entertained.

Mukirinyaga (not verified)     Wed, 12/15/2021 @ 05:59pm

Babu want to be am mpig again in 2022. he was posing to the boy and his father as a good Samaritan by paying his victim medical bills . which he should have been forced ot pay anyway both father and son did not have a good lawyer nor consult about their rights . and our rotten judiciary did not inform them of their rights. They are victims of a broken legal system of kenya . but they are both stupid they did not listen to Kenyans asking them not to agree. it serves them right and babu can be an mp next time around and do what he knows best taking drugs to to enhace his sick mind and use the gun

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