Francis Andayi pulls out of Babu Owino case after strange ruling.

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Magistrate Francis Andayi[Photos/Courtesy].

 “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?” DPP Haji asked the Standard in an interview.

Collage pic of MP Babu Owino with dj Evolve.

Chief Magistrate Francis Andayi has recused himself from the case in which MP Babu Owino was accused of attempted murder.

Citizen Tv reported on Tuesday Feb 18th that Andayi had pulled out of the case in which he was criticized for issuing disturbing bail terms to the MP.

This is after Director of Public Prosecution DPP Noordin Haji had raised his reservations over the outrageous ruling that eventually saw the MP released on installment bail terms something that has never happened in the history of the country.

Rumours now have it that Magistrate Bernard Ouma is set to replace Andayi for the case mentioning on March 2nd.

On January 27th, 2020, Andayi courted controversy after ruling that Mr. Owino be released on sh 10 million bail an amount to be paid in installments.

Babu was then asked to first deposit sh 2.5 million in order to  aid his freedom and the remaining money to be settled in three installments of sh 2.5 each.

Interestingly, Andayi in his orders mentioned that part of sh 2.5 million should be used to treat the victim Dj Evolve, the shooting victim.

In sharp rejoinder, Haji wondered how that would be possible terming the bail a strange one in his life.

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“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?” DPP Haji asked the Standard in an interview.

Retired Chief Justice Willy Mutunga supported Haji’s sentiments saying there was no such a thing in law and that Andayi had greatly errored in the history of the judiciary.

Babu Owino, shot a city Dj during a night out leaving him bleeding on the ground, according to the video which was retrieved from the CCTV and circulated on social media.

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