Citizen Digital was first to report that the DJ Evolve through his lawyer Kenneth Mumbo had stated that the family had agreed to drop the case as he focusses on getting better.
DJ Evolve disclosed that the pending case was negatively affecting his healing process.
In response, the prosecution noted that they need time to establish the motivation behind the position of the DJ’s family before the charges are withdrawn.
The DPP filed an application to assess the victim’s mental condition.
“It is my considered view that the application by the prosecution is merited and once the DPP satisfies himself of the issues raised is expected that a comprehensive response will be given that will be able to guide the status of this case going forward,” a court ruling granting the DPP’s request directed.
According to the constitution 2010, a criminal case may be terminated by act of the parties, by reconciliation under section 176 of the Criminal Procedure Code (CPC); withdrawal or discontinuance of the charge by the complainant (s. 204 of the CPC) or the prosecutor (Art. 157 (6) (c) of the Constitution and s. 87 of the CPC); and alternative dispute resolution agreement pursuant to Article 159 (2) (c) of the Constitution.
A criminal case may also terminate partly by an act of complainant and by operation of the law under section 202 of the CPC, where the complainant fails to attend.
When reached for comment, DJ Evolve’s father John Orinda stated that he could not divulge any more information in regards to the case.
He, however, confirmed to Kenyans.co.ke that his son was recovering well as he was receiving treatment from home.
DJ Evolve’s father had in July 2020, revealed that the ODM legislator was still catering for the medical expenses incurred during his son’s home treatment.
He stated that since his son’s condition required 24-hour-care, the MP had footed the bill for the healthcare professionals looking after the injured man.
“There is a day nurse and night nurse who, honestly speaking we cannot afford, so we are grateful that Babu is catering for the expense,” he added.
Orinda added that even though he had not met Babu Owino in person, he was assured that the first-time MP was regretful of what happened as he had offered support when needed.
He noted that reports in the media about the shooting agitated his son who was afraid he would not get better as the reports would trigger flashbacks of the incident.