DPP seeks cancellation of Babu Owino’s bail terms, cites error in law

Friday, February 14th, 2020 00:00 | By
Babu Owino will not access Parliament buildings for the next 5 days
Embakasi East MP Paul Ongili alias Babu Owino.

Bernice Mbugua @BerniceMuhindi

Director of Public Prosecutions now wants the High Court to cancel bail terms issued to Embakasi East  MP Paul Ongili alias Babu Owino, who was charged with attempted murder on January 20.

Deputy Director of Public Prosecutions Jacob Ondari yesterday told High Court judge Luka Kimaru that the lower court erred in law when it granted Babu bail.

“The court never considered the Victim Protection Act,” said Ondari.

Babu was charged with attempting to murder disk jockey Felix Orinda popularly known as DJ Evolve, by shooting him on the neck at B Club in Kilimani, Nairobi, on January 17.

The court had released the lawmaker on Sh10 million cash bail which would be used to settle DJ Evolve’s medical bill while he is still admitted in hospital and subsequent treatment upon discharge.

“The sum will be deposited in court in four equal installments  of Sh2.5 million beginning  this first month when he will be released,” the Magistrate had ruled.

DPP, however, yesterday argued that there was serious error of law which ought to be revised.

Babu on the other hand filed an application to review his bail terms.

According to the MP, the Chief Magistrate set extremely high terms of cash bail yet he had voluntarily started assisting the victim in meeting the medical expenses and had pledged to continue doing so not as an admission of guilt but out of his genuine concern for the victim.

Justice Luka Kimaru will rule on February 27 whether to cancel or review bail terms.

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