ODM’s Babu Owino Freed After Charges Withdrawn By DPP

ODM’s Babu Owino Freed After Charges Withdrawn By DPP

Babu Owino, also known as Paul Ongili, MP for Embakasi East, has been cleared of allegations of conspiracy to cause disturbance or subversive acts.

Babu was released alongside self-proclaimed ghetto president Calvin Gaucho and five others.

Milimani Chief Magistrate Lucas Onyina withdrew the case when the DPP’s prosecuting lawyer, James Gachoka, informed the court that they wished to withdraw the case.

“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, found that it was with as unconstitutional,” Gachoka told the court.

Gachoka informed Chief Magistrate Onyina that the DPP could not continue with the trial of the seven because it was illegal.

Defence lawyers Dunstan Omari and Dancun Okatch told the court that the charges were politically motivated.

“The DPP pressed charges against the accused persons knowing it was political, we are happy that they have applied to withdraw the charges,” Okatch said. 

The court approved the ODPP’s application to discontinue the case, stating 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,” the magistrate ruled.

The matter was designated as closed.

Babu and the six others were charged in 2023 with conspiring to carry out subversive actions by organizing and participating in demonstrations.

Babu and Gaucho were charged together with Tom Ondongo Ong’udi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo, and Willys Owino Baraka.

ODM’s Babu Owino Freed After Charges Withdrawn By DPP