By Nancy Gitonga for People Daily
Felix Orinda alias DJ Evolve now seeks to withdraw attempted murder charges against Embakasi East Member of Parliament Babu Owino.
Through Lawyer Kenneth Mumbo, Odhiambo informed trial magistrate Bernard Ochoi that he wants the criminal case against the MP withdrawn under section 204 of the Criminal Procedural Code(CPC).
Owino has since been charged and he denied shooting DJ Evolve at B Club located along Galana Road in Nairobi on January 17,2020.
The DJ wants the case withdrawn on grounds that he wants to concentrate on his treatment rather than the pending case which was affecting his healing process due to divided attention.
In a letter filed in court, lawyer Mumbo says that the family of Odhiambo acknowledge that both the accused MP Babu Owino and the DJ had been goods friends before the incident that resulted to the court case.
The letter further states that the family have been in constant communication with Odhiambo who had categorically expresssed considered position that he did not want the case to continue hence the letter to the DPP to have the case withdrawn under section 204 of the Criminal Procedural Code(CPC)and in the spirit of Article 159(1)of the constitution on alternative dispute resolution.
However, upon perusal of the letter state counsel Jacinta Nyamosi said that the letter was addressed to his boss Noordin Haji and the case was of great public interest adding that there was need to give the DPP sufficient time to consider the issues raise by the victim before responding to the application for withdrawal.
Nyamosi sought more time saying that they were interested in preserving the interests of the victim and the DPP wished to understand what was the motivation and the reason why victims family had taken the position to withdraw the matter rather than the prosecution of the MP.
“The DPP needs to engage the victim, the family of the victim and their lawyers to find out the motivation,”said Nyamosi.
She added that Odhiambo was not physically and mentally capable at the moment and they needed to get the latest medical assessment report to assess the ability of DJ to give the instructions of withdrawal of the case against Owino.
However, the defence objected to the request to have the DPP granted more time saying that whatever information they need to ask was available from the medical report and the victim himself who was present in court or the counsel for the victim.
Owino submitted that settlement out of court is allowed in law for any offence and being of a public interest case did not precludeit from being withdrawable from out of court settlement as all cases are equal before the law.
The magistrate declined to allow the withdrawal as requested by DJ Evolve and granted the DPP a month satisfy himself on the issues raised before he can give his directions on the matter.
“In my view considering the mandate of the DPP under article 157 it is imperative that the DPP and the victim have a meeting to clear the air on the issues raise by the DPP, ” ruled Ochoi