Court Quashes Order Compelling MP Babu Owino to Foot DJ Evolve’s Medical Bill
A Nairobi court on Tuesday slashed Embakasi East MP Babu Owino’s cash bail from Sh10 million to Sh5 million in a case in which he is charged over the alleged shooting of Felix Orinda, alias DJ Evolve.
High Court Justice Luka Kimaru further faulted a decision by the lower court ordering MP Babu to foot the medical bill of DJ Evolve.
Justice Kimaru noted that it was improper for the accused person to be ordered to cover the hospital bill because he remains innocent until found guilty. He added that MP Babu can pay for DJ Evolve’s treatment as a moral obligation and not through an order from the court.
Having already paid Sh4.4 million to the court, Justice Kimaru ordered Babu to pay the remaining Sh600,000 to secure his release.
A magistrate’s court had in January released Babu on a cash bail of Sh10 million, paid in four installments of Sh2.5 million each over four months. Chief Magistrate Francis Andayi said the amount would be used to settle the victim’s treatment.
But Babu filed an application at the High Court seeking to have the amount reviewed, saying he would struggle to raise Sh10 million.
As of February 23rd, 2020, DJ Evolve’s medical bill at the Nairobi Hospital, where he is still admitted to date, stood at Sh7 million.
Babu is accused of shooting DJ Evolve on the neck at B-Club in Nairobi’s Kilimani area on January 17th. He pleaded not guilty to charges of attempted murder and disorderly behavior while carrying a firearm.
Comments
Keep on paying the medical…
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Keep on paying the medical bills Babu! The kid is now your sick son!!
DJ Evolve's family should…
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DJ Evolve's family should file a separate Civil suit in Court, under a certificate of urgency, compelling Owino to pay the accumulating medical bills. He should not be asked, or 'begged' to do so. The Plaintiff's(read Victim's), lawyer should ask the Court to attach Owino's Income, and channel it to the hospital. This is the right way to do it. The Judge is right, and the Magistrate was Incompetent.
Not just the bill how come…
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Not just the bill how come no lawyer has volunteered their services to help this innocent DJ.They need to ask for atleast 50 million minimum.His life is messed may not be able to support himself or work for the rest of his life.He must be compensated Babu Owino pulled the trigger video evidence is every where asking him to pay the hospital bill is accepting bread crumbs when he is entitled to the whole loaf of bread.
Ps: A Criminal Case is…
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Ps: A Criminal Case is different from a Civil Case, in that even if Babu Owino is eventually convicted in a Criminal Case, he will either be jailed or fined, and the fines go to the State, not the Victim. That is where the Magistrate was Incompetent. He did not understand the meaning of Bail, Fine, or Bond. They are all forfeited to the State, and not to the Victim, and it is not up to the Magistrate to 'distribute' them. But a Criminal Case, brought by the State, does not prevent, interfere, or prejudice, a Private Civil Case, which Felix Orinda's family may file against Owino, for Damages, because of the shooting. All a Civil Court needs to make a judgement is the video of the shooting. A Civil Court Awards Damages, which go to the Victim. Believe me, in this case, the Award would not only go way above the shs10m that Owino was being asked to deposit, but a Civil Court actually has the power to attach his Property and Income, if he fails to pay. My take? Felix Orinda's family, please institute a Civil lawsuit against Babu Owino, because of the increasing medical bills. You don't have to say that he attempted to murder your son. You just have to say that he is the cause of the emotional turmoil, and hospital expenses, which from the video, no Judge can dispute.
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