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Tuesday, December 14, 2021 –Lawyer Miguna Miguna has sharply differed with the High Court over release of Babu Owino in Felix Orinda aka Dj Evolve case.
The Canadian based lawyer who was reacting to the news about case having been dropped today Tuesday December 14 stated that DJ Evolve is paralyzed neck down and can’t speak nor reason by himself and therefore the magistrate, advocates together with Babu Owino should be prosecuted for perverting the rule of law by taking advantage of an ailing victim.
According to Miguna Miguna, the decision made by the High Court concerning withdrawal of Babu Owino’s case was not only unfair but also unfounded in law.
“A criminal prosecution is NOT between the person charged and his victim. It is between the STATE and the ACCUSED. DJ Evolve is PARALYZED neck down and can’t speak. The magistrate, the advocates and Babu should be prosecuted for PERVERTING the rule of law,” Miguna argued.
The firebrand lawyer also stated that a criminal complain is made by the State and not the victim which means cases of public interest can only be withdrawn by the Office of the Director of Public Prosecution ODPP.
But even as he was making his legal observations over the case that has dragged on for years, Member of Parliament Babu Owino thanked Evolve saying they are like family members and their relationship is not grounded on quick sand.
“Dj Evolve family is my family and mine is his. Dj Evolve is my brother forever,” he said.
The court, however, maintained charges of misuse of firearm which the MP will have to be held responsible of.