The prosecution of Embakasi MP Babu Owino over attempted murder of DJ Evolve has been slowed down by the inability of the victim to record a statement.
Director of Public Prosecutions Noordin Haji on Tuesday said the shooting incident had affected his speech.
Haji said the IO report indicates that the victim is paralyzed and has a speech impediment making it very challenging to record his statement.
Haji said since the victim has shown tremendous signs of improvement, they will move swiftly to let him record the statement.
The MP was arraigned in court on in January 21 and charged with attempted murder and behaving in a disorderly manner.
Haji’s sentiments come amid public outrage on how the MP is living a lavish life while the victim is suffering.
In mid-January this year, a CCTV footage from B-Club showed Babu Owino drawing his gun and shooting a man in Kilimani.
Babu was arrested over the incident.
The MP, wearing an orange T-shirt was captured brandishing his gun before shooting the victim.
After denying all charges preferred against him, a Milimani court ordered the MP to deposit Sh10 million bail to secure his freedom.
He was also ordered to keep off alcohol and narcotic drug in a public establishment during the tenure of the case.
The deposited bail has allegedly been used to cater for DJ Evolve’s hospital bill.
DJ Evolve’s family had opposed Babu’s release, citing security concerns.
The vocal MP successfully appealed against the bail terms and were reduced to Sh5 million.
Haji’s office however opposed his release on bail terms.
“The matter was scheduled for mention in March but was affected by the Covid-19 directions issued by the NCAJ scaling down court operations,” Haji said.
The DPP said after the incident investigating officers diligently followed up on the case, to record DJ Evolve’s statement but found him in pain and overwhelmed.
“Due to the extraneous process that is taking a statement, it was unwise to take his statement at that point,” he said.
He said the investigating officer was advised to wait for DJ Evolve’s condition to improve.
“We are happy at the progress that DJ Evolve has made and will use this opportunity to record a statement as soon as possible,” he said.
DJ Evolve has been in hospital for a while where he underwent three surgeries with bills jumping to over Sh13 million.
In a probation report filed at a Milimani court before Chief magistrate Francis Andayi the DJ had said he did not want to talk about the issue.
“I am in pain, I am tired and traumatized. I don’t want to talk and I cannot fathom anything. I have not slept for days because I am scared of my life and future,” he said.
The sentiments by the DJ were voiced as officers sought to get his view on whether Babu should be granted bail or not.