Former presidential candidate Abduba Dida has made a legally loaded observation about the Babu Owino and DJ Evolve shooting case, arguing that had the matter proceeded to full trial, the Embakasi East MP would most likely have walked out of court a free man.
Dida’s argument hinges on how video evidence is handled in Kenyan courts. He points to a specific and documented precedent involving a police officer who shot a civilian during the post election violence in Kisumu.
Despite video footage of the shooting existing and circulating publicly, a skilled defence lawyer successfully dismantled that evidence in court. The officer was not convicted.
Dida says the same outcome was entirely probable for Babu Owino. A competent defence lawyer, he argues, would have found legal grounds to attack the admissibility or integrity of the B Club shooting footage. Without that evidence holding up before a judge, securing a conviction becomes close to impossible.
There is a second and darker dimension to his argument. Had the case gone to court and Babu walked free, DJ Evolve would have received nothing. No compensation, no medical support and no financial cushion for a life permanently altered by the shooting.
Instead, the matter was resolved through a settlement. Babu has since revealed he has spent approximately Ksh 70 million supporting the DJ’s recovery and ongoing needs.
Dida’s conclusion is deliberately uncomfortable. The outcome that kept Babu out of prison also kept DJ Evolve alive and supported.
Right and justice, he argues, are not always the same thing, and sometimes a settlement delivers more real justice than a courtroom verdict ever could.