Reprieve for Babu Owino as court bars police, DPP from arresting him


Reprieve for Babu Owino as court bars police, DPP from arresting him
Embakasi East MP Babu Owino and his lawyers at a Nairobi court on March 12, 2020. PHOTO | DZUYA WALTER | CITIZEN DIGITAL

In Summary

  • In court papers seen by Citizen Digital, Mr. Owino said Bernard Omondi Ogoji lodged a complaint against him at Kileleshwa Police Station and the Central Police station in August 2015.
  • The court papers however recorded that the two complaints were withdrawn by the complainant in the presence of an investigating officer on August 12, 2015.

Embakasi East Member of Parliament Babu Owino can now heave a sigh of relief after a Nairobi court on Thursday barred police and the Director of Public Prosecutions (DPP) from arresting and charging him over a past case.

In court papers seen by Citizen Digital, Mr. Owino said Bernard Omondi Ogoji lodged a complaint against him at Kileleshwa Police Station and the Central Police station in August 2015.

The court papers however recorded that the two complaints were withdrawn by the complainant in the presence of an investigating officer on August 12, 2015.

Justice Makau, while granting the conservatory orders on Thursday, said the MP had demonstrated that there was a violation of his fundamental rights and therefore needs protection of the court.

“I am therefore certified that he has a prima facie case and that the respondents will not be prejudiced if orders sought are issued,” the court ruled, further setting an inter-party hearing on June 23, 2020.

The legislator, in his application, said the complainant had started making attempts to have the complaint that he willfully withdrew re-opened if he is not paid an unspecified amount of money.

Through his lawyers, Mr. Owino argued that the application to re-open the case had begun after his latest run-in with the law and was malicious and tantamount to extortion.

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Story By Dzuya Walter
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