A Nairobi court has withdrawn a criminal case against Embakasi East MP Babu Owino and six other co-accused. 

This is after the Director of Public Prosecutions (DPP) applied to have the matter withdrawn, upon a high court decision that declared the charge of subversion unconstitutional.

"I have considered the submissions, the application made by the prosecution is meditated and therefore the case is terminated," said Magistrate Onyina.

Babu and the six others, who were in 2023 charged with conspiracy to commit subversive activities are now free. 

Babu was arrested amid the nationwide anti-government protests sanctioned by the Azimio la Umoja coalition. 

He was charged alongside Calvina Okoth Otieno alias Gaucho, Tom Ondongo Ong'udi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo and Willys Owino Baraka. 

Babu Owino now says he will move to the high court for compensation as their rights were violated.

"We will file a constitutional petition, we will seek damages and the cost from the state. We were unfairly treated, without food water and even legal representation," he said.

Addressing the media after the court ruling, his lawyers Danstan Omari and Duncan Okatch said that there is freedom of speech and association and it's upon the government to respect article 37.