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How judge protected Babu Owino in robbery with violence case

By Bernice Mbugua
Thursday, March 12th, 2020
Babu Owino
Embakasi East MP Babu Owino in court. PHOTO | FILE
In summary

The High Court on Thursday barred the police and the Director of Public Prosecution from arresting and charging Embakasi East Member of Parliament Babu Owino  over a robbery with violence complaint made against him by Bernard Omondi Ogoji in 2015.

Justice James Makau ruled that the MP had demonstrated that there is a violation of his fundamental rights and therefore needs protection of the court.

“I am satisfied that that the petitioner has demonstrated that he has a prima facie case and that the respondents will not be prejudiced if the orders sough are issued,” he ruled.

He directed the Inspector General of Police, Director of Public Prosecution and Ogoji to file their responses within 14 days.

In the suit papers, Babu claimed that Bernard Omondi Ogoji lodged two complaints of robbery with violence against him at Kileleshwa police station and Central Police station in 2015 but later withdrew them in his own volition.

However after the much publicized arrest in the case where he was charged with attempting to murder DJ Evolve Ogoji has resorted to extorting him.

He says Ogoji has taken the driver's seat and is at the heart of a malicious campaign to have the complaint that he willfully withdrew, reopened if he is not paid unspecified amount.

“In frail bid to achieve these malicious self-interest, the interested part involved the services of a nondescript grouping under moniker concerned citizens of Kenya who wrote to various law enforcement agencies demanding my arrest over the withdrawn complaint,” he said in court documents.

Babu says he is a complainant in a criminal matter at Makadara law courts where Ogoji is an accused.

“Ever since he withdrew his complaint, he has been piling pressure on me to withdraw my complaint which I have been adamant about. Indeed after my publicized arrest, he sent people to me to have me pay him and withdraw my complaint or else he will make my life difficult,” he argued in court documents.

According to Babu, Ogoji has been getting accommodation from certain individuals at the office of DPP such that even the office now seems to side with him in the revival of the said complaints.

“Allegations stemming from the impugned complaint and its reopening the matter are clearly malicious and an abuse of the criminal justice system which should be frowned upon,” he argued in court documents.

The case will now be heard on June 23.

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