Babu Owino, also known as Paul Ongili, the member of parliament for Embakasi East, has pleaded with the court to clear him of all charges in connection with the misuse of a handgun.
Babu argued to Milimani Senior Principal Magistrate Bernard Ochoi through his attorney Duncan Okatch that he should be found not guilty in accordance with section 215 of the CPC and that the prosecution should be censured for squandering valuable judicial time on a case that, in all fairness, should not have been brought in the first place.
Babu argued in his submissions that throughout the hearing, none of the witnesses had attested to the fact that the defendant was disorderly because no one had really seen the defendant conduct himself in the supposed disorderly manner.
He argued that the prosecution's reliance on the CCTV evidence could not stand because no witnesses had corroborated the alleged unruly behaviour.
"The prosecution claiming that the accused person was drunk and yet the same is not backed up by any toxicology report is just but a mere allegation whose burden rest on the prosecution to prove that the accused person was drunk hence causing him to behave in a disorderly manner," lawyer Okatch submitted.
He also criticised the testimony of a server who served Babu, who was accompanied by quite a few others, saying that it could never be used to prove that the defendant was intoxicated.
Additionally, he claimed that none of the witnesses, not even the victim, had been able to prove that the accused had his gun nearby at the crucial moment.
"Your Honour, we submit that the allegation that the accused person shot the firearm with intent to kill is not backed up by any evidence as even the victim did testify for the defence where he informed this court, that the accused person and himself had been friends over the years and as such he had no motive to shoot him," he submitted.
According to Babu, the prosecution was unable to prove the defendant's guilt beyond a reasonable doubt.
To put it another way, he claimed that the prosecution's case was similar to the kind of civil litigation that people regard as scandalous, frivolous, vexatious, and a misuse of the legal system.
He claimed that either ineptitude or bad faith, or both, must have been used to bring the lawsuit.
The prosecution case was also a misguided use of valuable court time, particularly in a nation where there is a severe lack of judges.
"The prosecution is very much aware that identity theft is one of the greatest challenges that has come with the world going digital and as such instead of condemning an innocent man the prosecutor should divert its energy to ensure that the actual perpetrator is caught," Babu submitted.
A Nairobi court was informed by Babu last month that he had spent Sh58.6 million on DJ Evolve alias Felix Orinda's maintenance and medical expenditures.
As proof of his moral duty as a leader, Babu claimed he accepted responsibility for Evolve.
"I took charge of the life-saving initiative and endeavours of Felix Orinda as a leader. And that would be inconsistent with a person who intended to harm," Babu told the court.
He said that if he did not take the initiative, Evolve could have died.
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