DPP appeals decision to free MP Babu Owino in DJ Evolve shooting case

The DPP says that he is dissatisfied with the lower court's decision arguing that the trial court made a mistake in acquitting the lawmaker without considering the weight of evidence and testimony adduced by witnesses who testified in the case.

In court papers filed at the Milimani Law Court, the DPP further argues that trial Magistrate Bernard Ochoi made a mistake in law and fact by finding that there was no evidence of the victim having sustained gunshot wounds and that Babu Owino did not intend to shoot the victim.

While acquitting Mr Owino, Magistrate Ochoi blamed the police for doing "shoddy investigations" saying the prosecution failed to adduce enough evidence against the lawmaker.

“Having evaluated the evidence... I find that the prosecution has failed to prove a case beyond reasonable doubt,” ruled the court.

The court faulted the investigation officer in the case saying that he failed to tackle crucial areas and termed the investigations done as shoddy.

Magistrate Ochoi further noted that the main witness was never called to testify against Babu Owino.

“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify,” asked the magistrate.

The court ruled that the prosecution failed to adduce the medical evidence to show that the victim was injured by a gun and the ballistic report didn’t conclusively find the firearm was used in shooting.