Embakasi East Member of Parliament Babu Owino has asked the court to acquit him of the criminal charges he is facing.
The legislator was found to have a case to answer in the matter where he is charged with misuse of a firearm.
Owino says that the prosecution has failed to prove its case beyond any reasonable doubt.
“Throughout the case, none of the witnesses did actually testify to the fact that the accused person was disorderly as none of the witnesses actually saw the accused person behaving in the alleged disorderly manner,” he argues.
The legislator argues that the prosecution has failed to actually establish that he behaved disorderly while carrying a firearm as none of the witnesses could collaborate the fact that the accused person behaved disorderly.
“We most humbly submit that the prosecution has failed to establish that the accused person is guilty beyond any reasonable doubt. Differently put, the prosecution case is akin to the type civil litigants describe as scandalous, frivolous, vexatious and an abuse of the court process,” Owino says.
Owino says that none of the prosecution witnesses including the victim DJ Evolve has been able to establish that he had his firearm at the material.
He says that the allegations that he was drunk on the material day are not backed up by any toxicology report and are just but a mere allegation whose burden rests on the prosecution to actually prove that he was drunk hence causing him to behave in a disorderly manner.
