“I am tired…traumatised…I have not slept for days because I am scared of my life and future,” read DJ Evolve’s statement on Monday in the attempted murder case against Babu Owino.
The pre-bail report tabled by family lawyer Nelson Oundo at Milimani Law Courts paints the picture of a frightened man: Felix Orinda, alias DJ Evolve.
Evolve, who is nursing a gunshot in injury to the neck at Nairobi Hospital’s Intensive Care Unit, lamented that he is in fearful and in deep pain following the high-profile club shooting.
Embakasi MP Babu Owino was charged with attempted murder and disorderly behavior after he shot a firearm at Nairobi’s B club, striking DJ Evolve’s.
The 25-year-old’s family now want the court to deny Owino’s bail application, saying the MP could use his power and position to meddle in the case.
In a six-page document, DJ Evolve’s family asked that bail be denied until the victim is out of ICU. On his part, Deputy DPP Jacob Ondari also stated that his office opposes the bail application because the accused will tamper with the case, should he be released.
Speaking on behalf of Babu Owino, lawyer Cliff Ombeta said that the victim did not explicitly comment on bail, therefore it could not be said that he opposed the MP’s application.
He asked the court to dismiss claims that DJ Evolve and his family were fearful for their lives, stating that victims had not lodged a complaint with security officers until Monday.
Further, Ombeta said that there are provisions for witness protection under the law – provisions that would ensure the family’s safety, should Babu Owino be released.
Firing back at the Deputy DPP over allegations of witness tampering, Ombeta asked Ondari to table evidence of meddling, if there was anything to the claim.
Defense counsel Danstan Omari asked the court to release Babu Owino on bail so he could attend to his legislative duties, saying that should the MP miss 8 parliamentary sittings, he will lose his seat.
Owino is being represented by a team of over seven lawyers lead by Danstan Omari, Charles Omanga, Peter Njagi, Cliff Ombeta, and Holly Edward among others.
The MP has denied two counts of attempted murder and behaving disorderly while armed, following the shooting of Orinda at a city club in January.
Babu has pleaded not guilty on both counts.