Court Bars Police from Arresting Embakasi East MP Babu Owino

The High Court has barred police and the Director of Public Prosecutions (DPP) from arresting and charging Embakasi East MP Babu Owino over a complaint filed against him in the past.

The complaint had been lodged by Bernard Ogijo at Kileleshwa and Central police stations on February 2nd, 2015. The complaint was in connection with a robbery with violence incident.

MP Babu filed an application before Justice James Makau on Tuesday seeking to have police and the DPP stopped from arresting and charging him over the incident.

Babu told the court that the two complaints were withdrawn on August 12th, 2015 by the complainant in the presence of an investigating officer.

Babu noted that despite willfully withdrawing the complaints, the accuser was threatening to re-open them if he is not paid an unspecified amount of money. Babu, through his lawyer, argued that the action by Ogijo was malicious and tantamount to extortion.

On Thursday, Justice Makau issued orders blocking the arrest and prosecution of Babu, saying he needs the protection of the court since he proved there was a violation of his fundamental rights.

“I am therefore certified that he has a prima facie case and that the respondents will not be prejudiced if orders sought are issued,” the court ruled.

The court set June 23rd, 2020, as the date for an inter-party hearing.