Prosecutors Acquaint Court With Claims That Embakasi East Mp Resides In Several Places And That He Shouldn’t Be Released

by Mahakamani News
Babu Owino arraigned in court following allegations of abusing President Kenyatta

Babu Owino, Embakasi East MP has no permanent fixed place of aboard as he resides in several places, he is a flight risk, court has been told.

The prosecution represented by Nicholas Mutuku, Catherine Mwaniki, Alois Memo and Duncan Ondimu  told the court.

While objecting his release on bond, the prosecution said that the charges leveled against the MP are very serious.

Prosecutor Nicholas Mutuku told the court that in the first count Paul Ongili alias Babu Owino attracts a maximum sentence of seven years whereas the alternative count attracts a maximum of five years.

Mutuku added that the second count against Babu attracts a sentence of two years.

The prosecution also said that there were demonstrations in various parts of the country yesterday (Monday) because of his utterances and if he is released on bond, the demos could continue.

Prosecutor Catherine Mwaniki also adds that Babu may be at flight risk because he has no permanent fixed place of aboard as he resides in several places.

Babu was charged with subversion, incitement to violence and offensive conduct conducive to breach of peace.

It is said he uttered words, ‘kama Gadaffi alitolewa na wananchi, kama Gbagbo alitolewa na wananchi, kama Yahya Jamme alitolewa na wananchi, we we in nani? We we in mtoto was mbwa’, words which were calculated to excite disaffection against the presidency.

The MP is alleged to have comitted the offence on 24th September 2017 at stage 46, Kawangware, Dagoretti within Nairobi County.

The alternative charge to the first count of incitement to violence was that the words he uttered were calculated to lead to disobedience of lawful authority.

The legislator was charged with a another count of offensive conduct where he is alleged to have uttered the words ‘ wewe ni mtoto wa mbwa’, words which were intended to provoke breach of peace.

He denied the charges before Chief Magistrate Francis Andayi.

Babu was represented by four lawyers including senior counsel James Orengo, Otiende Amolo, Edwin Sifuna, Ochieng Oginga,

Senior counsel James Orengo asked the court to release his client on bond saying that the charge sheet was defective and having several places of residence is not a crime.

The magistrate will make a ruling on his release on bond tomorrow at 10.30 am.

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