Felix Odhiambo Orinda alias DJ Evolove who wants to withdraw a case against Embakasi East MP Babu Owino charged with attempted murder will have to wait till November.
This is after Milimani Magistrate Benard Ochoi dismissed an application by the victim’s family through a letter to have the case withdrawn.
In his ruling, Ochoi noted that it was not in dispute that the counsels for the victim had not bothered to engage the Director of Public Prosecutions (DPP) before filing the letter though the defence lawyers appear to have well been informed about the letter.
“It is my considered view that the application by the prosecution is merited and once the DPP satisfies himself of the issues raised, it us expected that a comprehensive response will be able to guide the status of this case going forward”, the magistrate ruled.
He directed the matter to be mentioned on November 9.In the case, Babu is accused attempting to cause death of Felix Odhiambo Orinda on January 17 at B club Galana in Kilimani.
He also faces a second behaving disorderly while carrying a firearm contrary to law.
On September 24, 2020 the matter was scheduled for hearing of an application and for a pretrial directions. On the said date one Kenneth Mumbo informed the court that he had received instructions to act for the victim and family of the victim wished to have the case withdrawn from court in a letter dates September 21,2020 addressed to the DPP. The letter had signatures of Orinda’s parents and his thumb print.
According to the letter, the family had been on an intense deliberation on a need to allow the complainant, Orinda to concentrate on his treatment rather than the pending case which was affecting his healing process due to divided attention”, the court documents reads. The letter addes that the family acknowledged that both Babu and Orinda had been good friends before the incident that resulted to the court case.
The DPP however said that they needed more time to consider the issues raised before responding since the case was of Public interest. Joseph Riungu for the prosecution said they needed sufficient time to give a comprehensive response and wished to understand what was the motivation and reason why the family had taken the position of alternative and the case is crucial for the DPP to engage the victim.
The case will be mentioned on November 7