Babu Owino back in court, wants his Ksh.10M cash bail reviewed
Embakasi East Member of Parliament Babu Owino now wants the court to review his Ksh.10 million cash bail and grant him an alternative bond.
Chief Magistrate Francis Andayi directed that the Ksh.10 million cash bail be paid in four installments of Ksh.2.5 million for the next four months.
The lawmaker, who is accused of shooting Felix Orinda popularly known as DJ Evolve, was freed on Tuesday after paying the first installment of Ksh.2.5 million.
In an application filed at the Milimani Law Courts, Babu Owino now says he will struggle to meet the remaining installments as directed by the court.
“I have partially complied with the terms as set out and thus I am out on bail but I know that I thus would also appreciate an and above a reduction of the amounts stated being Ksh.10,000,000 million,”reads court papers.
He argues that the Court seems to have arrived at a conclusion that as long as one has had or has cases in court, then that becomes a compelling reason to deny him/her bond or bail.
“Despite the fact that I had voluntarily started assisting the victim in meeting the medical expenses and had pledged to voluntarily continue doing so, at no point was it to depict an admission of guilt as the Court seems to have depicted and thus the same should not be used to render high or punitive bail terms,” argues Babu.
He has asked the court to revise the said ruling issued by Nairobi Chief Magistrate Francis Andayi in line with the constitutional rights of an accused person and in the interest of the right to fair hearing and the rule of law.
He also wants the Kenya Magistrates and Judges Association be admitted as an interested party in the matter arguing that grave concerns have been publicly raised by the respondent.
The legislator claims that the issues raised seek to interfere with the discretion of Magistrates and to an extent judges when dealing with such applications and thus a direct attack on the independence of the Judiciary as a whole.
The Magistrate noted that the Ksh.10 million bail will be used to settle the victim’s medical bill with the amount that remains unused serving as bail.
Babu Owino was further prohibited from indulging in any form of narcotics or alcohol in a public establishment.
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