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“Having evaluated the evidence available before me and applying the relevant tests, it is my finding that the prosecution has not proved their case beyond reasonable doubt. For the above-stated reason, the accused is found not guilty…”
Those were the words of Milimani Senior Principal Magistrate Bernard Ochoi when he set free Embakasi East MP Babu Owino, who had been charged over the shooting of DJ Elvolve on January 17, 2020 at B-club, Kilimani. The magistrate ruled that the prosecution did not adduce sufficient evidence to convict the MP.
“The prosecution failed to record even a statement of the victim, the ballistic evidence produced in court was scanty and the same could not be relied upon to find the MP guilty,” said Ochoi.
He said the prosecution side failed to produce medical reports from tests done on the MP with regard to samples and swaps that were taken at the scene on April 17, 2020 when the incident occurred.
“Even the ballistic expert admitted in his evidence that the bullet and the cartridge recovered at the scene did not match,” Ochoi added.
