For allegedly mishandling his firearm at a nightclub in Kilimani, Nairobi, Embakasi East MP Paul Ongili alias Babu Owino will face only a one-year prison sentence or an Sh10,000 fine.

When the MP discharged a gunshot to kill Mr Felix Orinda, widely referred to as DJ Evolve, at B-Club on the night of January 17, 2020, he was charged with disorderly conduct while carrying a firearm.

The prosecution claims that the MP breached Sections 33 & 31 (1) of the Firearms Act. If found guilty, the penalty is imprisonment for a period not exceeding one year, a fine not exceeding Sh10,000, or both.

Milimani Senior Principal Magistrate Bernard Ochoi concluded Tuesday that the prosecution presented evidence supporting the MP's defence.


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As he rejected the MP's allegation that the prosecution had failed to fulfil its burden of proof, the magistrate stated that the court was satisfied that the trial had produced a compelling case against the accused.

The fact that he is being defended does not imply that he is guilty. It means that before deciding on his guilt or innocence, the court will need him to explain his side of the tale.

The defence hearing is set to begin on June 15. Mr Owino has been released on bond.

After DJ Evolve dropped the lawsuit, Babu Owino was acquitted of attempted murder last year.

DJ Evolve informed the court via his lawyer that he did not intend to pursue the case further.

In his judgement, Senior Principal Magistrate Bernard Ochoi stated that, while the court was not involved in the negotiations, Owino owed certain obligations to DJ Evolve, who had consented to an out-of-court settlement because the court was not involved in negotiations.


"As a requirement of his release, the MP will buy a place to live for the victim, which will solve the issue of home rent, and continue to pay the victim's hospital bills, who comes from a humble background," Ochoi stated.

The court prohibited the MP from drinking alcohol, narcotics, or any substance classed as a drug in a public location while the case was pending.