Embakasi East MP Babu Owino on Thursday, January 30 filed a case at the Milimani Law Courts seeking to stop the Director of Public Prosecutions (DPP) Noordin Haji from commenting on his attempted murder case.
The move came after Haji strongly criticised the decision to release Babu from Industrial Area Prison where he was being held, describing the bail terms issued by Chief Magistrate Francis Andayi as 'unfathomable'.
Babu also wants the court to review his Ksh10 million bail and grant him an alternative bond, claiming he would struggle to pay the required installments.
Speaking to Kenyans.co.ke on Thursday, January 30, Babu's lawyer Cliff Ombeta described Haji as 'a comedian' noting he was never in court and could therefore not purport to question Andayi's ruling.
"That guy is a comedian. He is never in court so how can he tell us about the ruling?" the lawyer asserted.
He further claimed that Haji was playing to the public gallery after banners blasting the Judiciary surfaced on various footbridges around Nairobi on Tuesday, January 28.
The banners were spotted a day after Babu was released on a Ksh10 million cash bail to be paid in four installments.
The judge further directed that the money be used to take care of the shooting victim, Felix Orinda alias DJ Evolve's hospital bill.
"He (Haji) is saying he has never seen such a ruling. There is something called precedent if he has never seen such a ruling before.
"The Judge took a humanitarian approach and he appreciated that Babu needs to be out for the boy (DJ Evolve) to receive proper treatment," Ombeta argued.
He maintained that he was satisfied with the bail terms set by Andayi on Monday, January 27.
Haji had promised to challenge the ruling, telling reporters that he had never heard of bail being paid in installments.
“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.
“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. So how will we be able to access the money to go and pay for the injured party?” he questioned.