Lawyer and Embakasi East MP Babu Owino has criticized the prosecution for failing to present a key witness in the ongoing trial of political activist Nuru Okanga, arguing that the delay violates his client's constitutional right to a fair hearing.
Speaking outside court on Monday, November 24, Babu Owino, representing Okanga alongside other advocates, expressed frustration after the prosecution failed to produce an expert witness who was scheduled to testify in the case.
"Today, to our surprise, the prosecution has decided not to avail a witness, a key witness, that is an expert witness in Nuru Okanga's matter," the MP stated, adding that this development contravenes Article 50(1) of the Constitution, which guarantees the right to a fair hearing.
The lawyer invoked the legal principle that ‘justice delayed is justice denied,’ emphasizing the hardship his client continues to endure.
"Our client is really suffering. He's travelled all the way from Mumias to Nairobi at his own cost only to come and find that the prosecution is not ready to prosecute his matter," Babu Owino said.
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The defense team views the prosecution's unpreparedness as an indication of weakness in their case.
"These are the easy signs that are showing us that the state has already lost this case," the MP declared.
In a bold move, Babu Owino announced plans to file an application requesting that President William Ruto appear in court as the complainant in the matter.
"We further want the prosecution to provide a main witness who is the complainant in this matter, who is President Ruto. We want to cross-examine him. We want him to come to court," he stated.
The lawyer argued that a criminal case cannot proceed without the complainant's testimony.
"You can't do a case without a complainant. Who is complaining? The DCI cannot complain. And the prosecutors cannot complain. We want a complainant in court. That is the next application we'll be making."
Okanga faces charges of publishing false, defamatory, and threatening information on social media. According to the prosecution, he posted a video on TikTok and other platforms in which he allegedly made threatening remarks directed at President Ruto.
The video reportedly contained statements urging the then-Deputy President to take violent action against the President, referencing his past experience as a District Commissioner.
During earlier proceedings in August, arresting officer Milton Mwanzi testified that he had been deployed to apprehend Okanga at Tasia Estate in Embakasi after the video went viral.
However, under cross-examination by Babu Owino, Mwanzi admitted he could not verify the authenticity of the video and lacked expertise in forensic cybercrime investigations.
The officer also confirmed that no court order was obtained to track Okanga's movements, no search warrant was secured for his electronic devices, and no gadgets were seized during the arrest.
The case continues as the prosecution attempts to prove Okanga's involvement in circulating the video and establish that the remarks constitute a criminal offense.
