Chief Magistrate Andayi steps aside in Babu Owino's case over controversial bail terms

Mumbi Mutuko

February 18, 2020 12:46 PM

DPP Noordin Haji had raised concerns on controversial bail

Chief Magistrate Francis Andayi

Chief Magistrate Francis Andayi has recused himself from the Babu Owino gun case.

The Magistrate made the decision after the DPP Noordin Haji raised concern over his ruling that saw Owino released on controversial bail terms.

Andayi disclosed that the DPP has written a complaint to the Judicial service Commission on the bail that he granted the MP.

The MP had filed two urgent applications, with one seeking a review of his bond terms saying that the Ksh10 million cash bail was too high.

DPP Noordin Haji DPP Noordin Haji Pulse Live Kenya

Babu had also asked the court to bar the DPP from commenting on the criminal case he is facing, after shooting DJ Evolve on the neck during a drink-out at B-Club in Nairobi’s Kilimani area.

Babu's demand

He had also asked the court to stop the DPP from making comments over the decision of the trial magistrate to release him on a cash bail of Ksh10 million.

After the MP was granted bail, DPP Haji expressed his displeasure on how the legislator’s ruling was made saying his office will write to the Judicial Service Commission to complain.

“We are going for a revision, we have agreed as DPP, and we have also written to the JSC to complain, because that ruling… I mean, I cannot fathom it,” said DDP Haji.

MP Babu Owino in court MP Babu Owino in court Pulse Live Kenya

The DPP had questioned why the magistrate had asked the MP to pay his bail in instalments.

“I have never heard, first of all, of bail terms that you are asked to pay in installments, and then secondly, my understanding is that once you pay bail, it goes to the ex-checker," DPP stated.

"So how will we be able to access the money to go and pay for the injured party,” he added.