Magistrate Disqualifies Himself from Hearing Babu Owino’s Attempted Murder Case

Milimani Chief Magistrate Francis Andayi has recused himself from handling Embakasi East MP Babu Owino’s case, in which he is charged with attempted murder.

Andayi said he withdrew from the case after the office of Director of Public Prosecutions (DPP) filed a complaint to the Judicial Service Commission (JSC) over the bail he granted the accused person.

Babu’s case will now be heard before Magistrate Bernard Ochoi. The matter will be mentioned on March 2nd, 2020.

Babu was arrested and charged after he allegedly shot and wounded Felix Orinda, alias DJ Evolve, on the neck at B-Club in Kilimani, Nairobi on January 17th, 2020.

Magistrate Andayi freed Babu on a cash bail of Sh10 million paid in four installments of Sh2.5 million each over a period of four months. Andayi said part of the cash would be used to pay for DJ Evolve’s treatment while the remaining amount would serve as bail.

Director of Public Prosecutions (DPP) Noordin Haji opposed the bail terms terming them as “unfathomable, misleading and non-executable.”

“We are going for a revision, we have agreed as DPP, and we have also written to the JSC to complain, because of that ruling… I mean, I cannot fathom it,” said Haji last month.

“I have never heard, first of all, of bail terms that you are asked to pay in installments, and then secondly, my understanding is that once you pay bail, it goes to the ex-checker. So how will we be able to access the money to go and pay for the injured party.”