Embakasi East MP Babu Owino, also known as Paul Ongili, has been acquitted of charges related to conspiracy to commit chaos or subversive activities.
Babu and self-proclaimed “ghetto president” Calvin Gaucho, along with five others, were released.
Milimani Chief Magistrate Lucas Onyina withdrew the case after the Director of Public Prosecutions (DPP), represented by prosecution counsel James Gachoka, expressed their intent to withdraw the charges.
Gachoka informed the court that a High Court judge had nullified section 77(1) of the Constitution, the basis for the charges against the accused.
Gachoka argued that the prosecution could not proceed with the trial since it was based on an unconstitutional provision.
Defence lawyers, led by Danstan Omari and Dancun Okatch, contended that the charges were politically motivated.
Magistrate Onyina granted the DPP’s application to withdraw the case, citing the unconstitutionality of the section under which the accused were charged, as ruled by the High Court in Nakuru. Consequently, the matter was closed.
In 2023, Babu and the other six individuals were charged with conspiracy to commit subversive activities, allegedly related to planning and participating in demonstrations.
Alongside Babu and Gaucho, the co-accused included Tom Ondongo Ong’udi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo, and Willys Owino Baraka.
