In Summary.
- A Nairobi court has withdrawn a criminal case against Embakasi East MP Babu Owino and six other co-accused.
- This is after the Director of Public Prosecutions (DPP) applied to have the matter withdrawn, upon a high court decision that declared the charge of subversion unconstitutional.
The court has allowed an application by the prosecution to terminate case against Embakasi East Member of Parliament Babu Owino and six others.
The seven were charged for convening an illegal assembly to protest against the government.
According to the state counsel James Gachoka,police officer who testified in case informing the him to relook the charges that had be preferred against the seven accused persons.
It after chitchat with officer that he presented the file to the Director of Public Prosecution who reviewed the file and consented that the charges be terminated.
“I have considered the submissions, the application made by the prosecution is meditated and therefore the case is terminated,” said Magistrate Onyina.
Gashoka further submitted, the ODPP had considered a ruling delivered by a Constitution and Human Right court siting in Nakuru that nullified Section 77(1) of the penal code.
The seven are Babu Owino,kalvina Okoth alias Gaucho,Tom Odongo, Michael Omondi, Pascal Ouma,Kevin Wambo, Willis Baraka.
The legislator,says he will move to the high court for compensation as their rights were violated.
“We will file a constitutional petition, we will seek damages and the cost from the state. We were unfairly treated, without food water and even legal representation,” he said.
