Evolve.
Magistrate Bernard Ochoi while acquitting the MP ruled that the prosecution failed to adduce enough evidence.
"Having evaluated the evidence ... I find that the prosecution has failed to prove a case beyond reasonable doubt."
The court faulted the investigation officer in the case saying that he failed to tackle crucial areas and termed the investigations done as shoddy.
Magistrate Ochoi further noted that the main witness was never called to testify against Babu Owino. The court said the ballistic report didn't conclusively find that Babu's firearms were used in the Act.
"Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify."
The ballistic officer and the eight prosecution witnesses testified in the case and said he could not tell whether the bullet head and cartridges were from Babus's gun.
The court said the prosecution did a 'shoddy job' as no medical evidence was tendered to show what injuries DJ Evolve sustained.
Ochoi said that the Investigating officer appeared to have been relying on CCTV footage.
"In my view, the footage can't be substituted for medical evidence. A medical report or p3 form should have been availed to confirm the victim had suffered a gunshot wound."
