Director of Public Prosecutions Noordin Haji was moved to act by a heartbreaking story about DJ Evolve which was aired by NTV on June 29.
DPP Haji told the Judiciary to prioritise the hearing of the case after the Covid-19 disruptions seemed to delay justice for the young man who was allegdly shot by Embakasi East MP Babu Owino in January 2020.
The MP is facing charges of second-degree murder and is currently out on bail as his victim lies at home unable to do anything by himself.
According to the law, second-degree attempted murder means that the accused acted without premeditation, or acted in a fit of passion.
First degree attempted murder means the person intentionally, and with premeditation, tried to kill someone else.
Based on the clip that surfaced, the MP was seen conversing with the DJ before drawing his gun and shooting him.
Since the two had apparently been close friends, it would be hard for the prosecution to prove that the incident was premeditated and intentional, commentators argue.
Outside of the case, second-degree murder also includes deaths that occur while the accused is engaged in committing another felony, such as arson or burglary.
Second-degree attempted murder attracts a lengthy prison sentence, often ranging from between 5 to 15 years in prison.
The injuries suffered by DJ Evolve made his paralysed and unable to move many of his ligaments.
The incident effectively robbed him of control over his fingers which as a DJ were his tools of trade.
Although Babu has committed to paying the hospital bill which has hit Ksh17 million, the DJ’s family struggles to make ends meet because his mother has been taking care of him without any means to make a living.
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