The judge who was handling Embakasi East MP, Babu Owino´s attempted murder case has disqualified himself from the case.
Chief Magistrate Francis Andayi decided to step aside after the DPP, Noordin Haji challenged his ruling that saw Babu Owino released on controversial bail terms.
Current reports indicate that Magistrate Bernard Ochoi will take over from Andayi as the case´s court mentioning is set for the 2nd of March.
Monday, the 27th of January, Justice Andayi attracted controversy after ruling that Babu be released on a Ksh 10 Million bail.
This was with an initial deposit of Ksh 2.5 million for his release followed by another Ksh 2.5 million to be paid in installments in the following three months.
According to Justice Andayi, the money deposited would cater for the victim, DJ Evolve´s hospital bills.
However, for a greater mass, such kind of bail terms were outrageous.
Which was thereafter challenged by the DPP stating:
I have never heard, first of all, of bail terms that you are asked to pay in installments. Then secondly, my understanding is that once you pay bail, it goes to the ex-checker. So how will we be able to access the money to go and pay for the injured party?
Former Chief Justice, Willy Mutunga also weighed in. Insisting that no law allows access to cash bail to pay for anything.
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