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on Tuesday after the complainant Felix Orinda, alias DJ Evolve, applied to have the charges against the first-time MP withdrawn as he did not wish to pursue the matter further.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 Criminal cases cannot legitimately be withdrawn or terminated on the basis of negotiations between a shooter and the person shot,” Miguna said through Twitter.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.