Embakasi East MP Babu Owino has a case to answer over the alleged misuse of a firearm at a night club,  a Nairobi court has ruled.

Babu Owino was accused  of being disorderly with a gun by firing one bullet with intentions of shooting DJ Evolve on the night of January 17, 2020, at B-Club.

In his ruling, Milimani Senior Principal Magistrate Bernard Ochoi said that the prosecution had presented enough evidence against the controversial lawmaker, hence requiring him to defend himself.

In the case, the prosecution said Vocal lawmaker violated Sections 33 and 31 (1) of the Firearms Act. If found guilty, Babu Owino might be sent to jail for a year or pay a fine of Ksh 10,000.

Ochoi stated that  the prosecution had established a satisfactory strong case against the ODM MP. He rejected the legislator’s legal team  claim that the prosecution had failed to prove the allegation.

DJ Evolve had however requested  the court to allow him withdraw the attempted murder charge against the MP in 2022 but upheld the second count of misuse of a firearm. The request was granted.

Magistrate Ochoi noted that Babu and Evolve were friends before the tragic incident and have maintained the same even after the  occurrence.

“Taking all the above into account, I have come to the conclusion that this is a matter where the court should encourage reconciliation as envisaged in the constitution and therefore I will allow the withdraw against the accused in count one. The accused is acquitted,” said Ochoi.

The hearing of the case will  commence on June 15. Babu Owino is currently out of custody on bail.