Canadian-based lawyer Miguna Miguna has disputed the acquittal of Embakasi East Member of Parliament Babu Owino in the DJ Evolve attempted murder case.
Babu was today acquitted after DJ Evolve applied for the withdrawal of the aforesaid charges against him.
According to Miguna, there should have been a restraining order stopping Babu from contacting DJ Evolve and witnesses in the case.
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"One can only be acquitted after a trial. Criminal cases cannot legitimately be withdrawn or terminated on the basis of negotiations between a shooter and the person shot," Miguna said.
Miguna further said that Babu, the advocates and the magistrate should be prosecuted for perverting the rule of law since a criminal prosecution is not between the person charged and his victim, but between the state and the accused.
"A criminal prosecution is not between the person charged and his victim. It is between the state and the accused. The magistrate, the advocates and Babu should be prosecuted for perverting the rule of law," Miguna said.
Babu will however still face a charge of behaving in a disorderly manner while carrying a firearm.
The legislator had attempted to settle his case with DJ Evolve out of court.
Babu was charged with attempting to murder Evolve, whom he shot in 2018 at a club in Kilimani, Nairobi.
His lawyer, Duncan Okatch termed the decision as monumental.
