Embakasi East MP Babu Owino got a major reprieve on Tuesday after the court dropped his attempted murder charge in DJ Evolve’s case.
However, the second charge of behaving in a disorderly manner while carrying a firearm still stands because the state has not withdrawn the charge.
Felix Orinda popularly known as DJ Evolve, who was shot by Owino early last year, had made an application seeking to withdraw the matter saying they had reconciled and he wanted to focus on his recovery.
Senior principal magistrate Bernard Ochoi said Owino and Evolve were friends before the incident and have maintained that friendship even after the shooting.
“The accused is currently undertaking certain obligations and still undertaking in relation to the welfare of the complainant,” Ochoi said.
He further ruled that due to the said facts, the court should encourage reconciliation.
"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 withdrawal against the accused in count one," Ochoi ruled.
In March, Ochoi initially declined to withdraw the matter saying the details of reconciliation were not disclosed to court.
In his application to court, Evolve said after consultation with his family, they had agreed to concentrate on his health rather than the case of attempted murder.
In the matter, Owino was charged with attempting to kill Evolve by shooting him on the neck.
The DJ said the case had affected his healing process asking court to withdraw it, adding that he had forgiven Owino and wanted to focus on his healing.
Ochoi had declined to withdraw it in March this year ruling that the application did not meet the threshold.
He said he had not closed avenues for further engagements between Owino and Evolve.
At the time, Ochoi said he could not withdraw the case because he did not know what Owino has offered DJ Evolve.
Ochoi had also ruled that unconditional withdrawal was not appropriate in the circumstances of the case, adding that the parties should come out openly and tell court what Owino had offered the family.
-Edited by SKanyara