By Chris Ojow
In application filed at Milimani law Courts Nairobi County Kenya, the Kenyan Director of Public Prosecutions daily usual outbursts on ongoing Court matters faces a litmus test.
Through his officers of the Court Duncan Okatch together with Danstan Omari Constitutional Lawyers, veteran famous and popular Criminal lawyer Cliff Ombeta, the applicant Babu Owino filed an application to stop DPP Haji from commenting on ongoing Court matters through the media and public forums.
Babu Owino who was freed from Industrial Area Remand prison on 29th Wednesday January 2020 after posting the initial cash bail of 2.5 million Kenya shillings as ordered by the court in it’s ruling after he was charged with two counts of attempted murder, misuse of firearm where he pleaded not guilty, is much disturbed with the attitude of DPP frequents comments on ongoing court proceedings.
The elected Member of Parliament for Embakassi East Babu Owino in his prayers on a application filed before Court, seeks the Director of Public Prosecutions Noordin Haji immediately barred from commenting on the criminal case he is facing, after an alleged accidental shooting of a DJ on the neck during a drink-out (party after party) at B-Club in Nairobi’s Kilimani area.
The firebrand elected Youthful Law Maker wants Director of Public Prosecutions (DPP) Noordin Haji stopped by court, from making comments bordering decision of the trial Magistrate’s Court in Kenya, specifically on his release on a hefty /hash cash bail of ten million Kenya shillings .
The Youthful Legislator Babu Owino in his application further stressed that “the DPP has absolutely no right to comment on matters pending or ongoing before court, if he is aggrieved with the decision of the court, let him procedurally file an appeal against the orders or rulings.
The Court was also informed that the victim of the shooting, Felix Orinda, a DJ based in Nairobi County Kenya was still admitted at Nairobi Hospital where he is nursing a neck injury and Medics confirmed his status through a pre bail condition presented before court as stable and out of danger.
The Nairobi’s Chief Magistrate’s Court was also informed through medical receipts presented before it that the accused Babu Owino took the initiative to foot for the medical expenses and also extended an olive branch to the family through emissaries in a bid to show how remorseful he was and regretted the incident as accidental and not intentional.
In a criminal case number 110 of 2020 Paul Ongili Babu Owino the applicant served Noordin Haji the Kenyan Director of Public Prosecutions as the first Respondent and Office of the Director of Public Prosecutions as the second respondents with his protest application through his team of Lawyers under certificate of urgency .
In addressing members of the fourth estate with regards to the bond /bail terms in question, the 1st Respondent Director of Public Prosecutions Noordin Haji is quoted stating:
“On the issues of Babu, opting for a Revision.
Where they vowed while aggrieved as the Office of the Director of Public Prosecutions (ODPP) to send a protest complaint through a letter to the Country Judicial Employer (JSC) over the ruling, where it is alleged they stressed that they have never heard bail terms that are asked to be payed in installments.
The first respondent publicly and viciously attacked merits of the Ruling as rendered by Nairobi’s Chief Magistrate Francis Andayi and as such prejudicing the Applicant’s Constitutional right of being presumed innocent until proven guilty .
The accused Babu Owino is very much disturbed by the utterances made by Noordin Haji the first respondent as tantamount to subjudice the trial Court and the proceedings in totality.
The accused through his team of Lawyers seeks the intervention of the Court in anticipating the suffering of the applicant rights being violated as enshrined in the 2010 new Constitution of the Republic of Kenya.