The Embakasi East MP Babu Owino alias Paul Ongili was on Monday freed of charges of conspiracy to commit chaos or subversive activities.
Babu was freed alongside self-styled ghetto president Calvin Gaucho with five others.
Milimani chief magistrate Lucas Onyina withdrew the case after the DPP through its prosecution counsel James Gachoka told court that they intended to have the case withdtawn.
” The DPP having gone through the charges and a decision by a High Court judge who nullified section 77(1) of the Constitution under which the accused persons were charged with as unconstitutional “, Gachoka told court.
Gachoka told chief magistrate Onyina that the DPP could not continue with the trial of the seven since it is unlawful.
Defence lawyers led by Danstan Omari told court that the charges were political and the prosecution’s application to withdraw signifies that it was political.
“The dpp pressed charges against the accused persons knowing it was political, we are happy that they have applied to withdaw knowing the charges are flimsy”, Dancun Okatch said.
The magistrate allowed the application by the ODPP to withdraw the case saying the section under which they were charged was declared unconstitutional by a High Court in Nakuru.
“Having taken note by both the prosecution and the defence lawyers, I therefore allow the termination of the card under section 87A in lieu of the fact that the section under which the seven were charged is unconstitutional by a higher jurisdiction”,magistrate ruled.
The matter was marked as closed.
Babu and the six others were in 2023 charged with conspiracy to commit subversive activities by planning and participating in demonstrations.
Babu, Gaucho were charged alongside Tom Ondongo Ong’udi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo and Willys Owino Baraka.
Babu owino freed in Subversive activities case, court declared charges unlawful.
Embakasi East MP Babu Owino alias Paul Ongili was on Monday freed of charges of conspiracy to commit chaos or subversive activities.
Babu was freed alongside self-styled ghetto president Calvin Gaucho with five others.
Milimani chief magistrate Lucas Onyina withdrew the case after the DPP through its prosecution counsel James Gachoka told court that they intended to have the case withdtawn.
” The DPP having gone through the charges and a decision by a High Court judge who nullified section 77(1) of the Constitution under which the accused persons were charged with as unconstitutional “, Gachoka told court.
Gachoka told chief magistrate Onyina that the DPP could not continue with the trial of the seven since it is unlawful.
Defence lawyers led by Danstan Omari told court that the charges were political and the prosecution’s application to withdraw signifies that it was political.
“The dpp pressed charges against the accused persons knowing it was political, we are happy that they have applied withdaw knowing the charges are flimsy”, Dancun Okatch said.
The magistrate allowed the application by the ODPP to withdraw the case saying the section under which they were charged was declared unconstitutional by a High Court in Nakuru.
“Having taken note by both the prosecution and the defence lawyers, I therefore allow the termination of the card under section 87A in lieu of the fact that the section under which the seven were charged is unconstitutional by a higher jurisdiction”,magistrate ruled.
The matter was marked as closed.
Babu and the six others were in 2023 charged with conspiracy to commit subversive activities by planning and participating in demonstrations.
Babu, Gaucho were charged alongside Tom Ondongo Ong’udi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo and Willys Owino Baraka.
