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Babu Owino leaves Industrial Area Remand Prison

Tuesday January 28 2020

Embakasi East MP Babu Owino in court

Embakasi East MP Babu Owino at the Milimani Law Courts in on January 27, 2020 for a bail hearing in the shooting of Fred Odhiambo Orinda. He has been released from Industrial Area Remand Prison. PHOTO | FILE | NATION MEDIA GROUP 

RICHARD MUNGUTI
By RICHARD MUNGUTI
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Embakasi East Member of Parliament Babu Owino, real name Paul Ongili, has been released from Industrial Area Remand Prison.

The legislator was released after paying Sh2.5 million, part of a Sh10 million cash bail, in his case over the shooting of a DJ.

On Monday evening, the court said the money would be used to settle the hospital bills of victim DJ Evolve, whose real name is Felix Odhiambo Orinda.

SH10 MILLION

The Sh10 million will be paid to the court in four instalments of Sh2.5 million each. The money will be used to clear all the bills the DJ will incur in the best medical facilities until he recovers fully. The facilities will make claims through the court.

The court, however, gave tough conditions for the MP's release from Industrial Area Prison, one being payment of the first instalment of Sh2.5 million before he is freed.     

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Lawyer Cliff Ombeta said they will pay the amount less the Sh600,000 that the MP had paid earlier.

Milimani Chief Magistrate Francis Andayi set other conditions, noting the need to avoid the impression that the payment was used to hoodwink the court into grating the suspect bail.

IMPUNITY

He said Babu acted with impunity when he offered to pay the bills but also noted that detaining him would be tantamount to fully withdrawing the services the DJ is receiving at The Nairobi Hospital.

Mr Andayi further said there were compelling reasons to deny the MP bail but that he reconsidered the matter so he can pay the bills.

Any unutilised portion of the Sh10 million will remain deposited in court until the case is concluded.

Chief Magistrate Andayi further ordered the MP to present two sureties of equal status.

His lawyers Ombeta, Dunstan Omari, Duncan Okatchi and Charles Omanga said Mathare MP Antony Oluoch and Nominated Senator Beatrice Kwamboka would stand surety for the MP.

Mr Oluoch and Ms Kwamboka were asked to deposit copies of their national identity cards and passports in court.

Mr Andayi also said Babu must not drink alcohol or take narcotics in a public place, or interfere with witnesses, until the case is heard and determined.

Mr Andayi further said Babu cannot comment on the case in any forum, be it in the media or at public gatherings that he will attend in his capacity as an MP.

BAIL TERMS

The court allowed the prosecution to make any application to have the bail terms reviewed or cancelled whenever the terms are breached.

The magistrate said he agonised over the shooting victim's statement, in which he noted that he feared for his life.

He noted that when the 25-year-old was interviewed by a probation officer, he said, “I am tired, in pain and traumatised and I have not slept for days."

Mr Andayi further noted that Mr Orinda could not move his hands and legs and was in a critical condition.

He said he wondered whether the DJ will ever return to a state of normalcy.

Mr Owino has denied attempting to kill Mr Orinda on January 17 at B Club in Kilimani, Nairobi.

The case will be mentioned on February 6 for directions on the pre-trial.

EJECTED

Earlier, Chief Magistrate Andayi adjourned the case to enable police to remove noise makers from the court's corridors. Members of the public who were standing in the courtroom were also ejected.

The magistrate stood down State prosecutor Jacob Ondari, who had been making his submissions, saying he had to wait for normalcy to resume.

Mr Ondari had asked the court to deny Mr Owino bond, saying the DJ's relatives reported that he was in a critical condition.