By Chris Ojow
Through his officers of the Court, Duncan Okatch Constitutional Lawyer, Cliff Ombeta Veteran Criminal Lawyer and Danstan Omari Constitutional Lawyer, the Kenyan elected National Assembly Representative for Embakassi East Constituency Babu Owino now want his hash bond terms reviewed.
The youthful Kenyan Legislator filed a revision application before criminal division in the matter of criminal case number 110 of 2020 at Nairobi’s Chief Magistrate’s Court Milimani.
The applicant want his case at the lower criminal Court be moved to the High Court to ascertain it’s legality and correctness of the bond /bail ruling together and the Court proceedings.
The honorable elected member of Parliament in several of his prayers in the application is seeking the High Court to assert it’s authority to review the bond /bail ruling by the Chief Magistrate Francis Andayi on Monday 27th January 2020, where the Chief Magistrate was informed orally by the State Prosecution in their submission, that there were no compelling reasons to deny the accused Babu Owino reasonable bond /bail.
The applicant faulted the lower criminal court for intentionally falling to observe the doctrine of presumption of innocence as clearly enshrined in the new Constitution of Kenya, with the State Prosecution shouldering the burden to prove their allegations before Court of law.
The Former Student Leader Nationally and also The University of Nairobi Student leader for several years served the application to the Republic (State) as the respondent and to Kenya Magistrate and Judges Association as the interested party.
Paul Ongili Babu Owino was arrested on Friday early Morning of 17th January, 2020 and
arraigned in court on Monday 20th January, 2020 at 9.13 am East Africa Time.
Where he denied the charges preferred against him of attempted murder contrary to Section 220(a) of the penal code Cap 63 laws of Kenya and behaving in a disorderly manner, while carrying a firearm contrary to Section 33 as read with Section 34(a) of the Firearms Act (Cap 114) Laws of Kenya.
And pleaded not guilty to all the two counts, through his Lawyers the accused Babu humbly urged the Court through an oral submission to grant him reasonable bond or bail , as to the State Prosecution the Court established that they failed to present documentary materials as prove in objecting to Babu Owino’s request in proving compelling reasons for denial of bond or bail.
The Chief Magistrate Francis Andayi in his short ruling after the submissions by both the State Prosecution and the defence issued directions for the need for a pre bail report before rendering itself on the ruling on bond or bail.
And on Monday 27th January, 2020 Honourable. Francis Andayi received pre bail report and gave both parties a chance to submit on the same and the said submissions were put on record, where a ruling was delivered in the afternoon of Monday.
The Chief Magistrate while delivering a ruling on bond or bail application set extremely high terms of cash bail not forgetting that the accused person Babu Owino, voluntarily assisted the victim in paying medical expenses and pledged before an open court to continue doing so not as an admission of guilt but out of his genuine concern for the victim.
The accused was released on a cash bail of ten million Kenya shillings accompanied with hash Court terms and conditions, a decision that ignited the accused to move to the High Court under article 25, 48, 49, 50 of the Constitution of Kenya, Section 362 and 364 of the Criminal Procedure Code for a review of the ruling.
Babu Owino was freed from Industrial Area Remand prison on Wednesday 29th January 2020 after posting the initial cash bail of 2.5 million Kenya shillings as ordered by the court in it’s ruling and the remaining amount Babu to pay in instalments, a ruling that generated a debate among majority of Kenyans who has been struggling to understand it and one of its kind in the History.