• Secondly, Omari says that under the Children's Act, a parent must protect the morals and the sanity of children.
Kenyans online have been calling on police to investigate a video doing rounds on social media alleged to be of DJ Brownskin's wife taking her own life.
While others have been arguing that the DJ can not be arrested nor prosecuted, Lawyer Danstan Omari says you could be arrested if you see someone committing suicide and you don’t take any action to stop or report the offence.
He says according to Penal code section 225 (Aiding suicide)
Any person who—
(a) procures another to kill himself; or
(b) counsels another to kill himself and thereby induces him to do so; or
(c) aids another in killing himself, is guilty of a felony and is liable to imprisonment for life.
"If it is true that he was there, he observed, he recorded, three offences were committed," he said.
"The DJ never attempted to stop a commission of an offence, he never reported that there was a commission of an offence that has started and is going on. That is the first offence he will do."
Omari said under the citizen’s arrest principle, the citizen is empowered that if you see somebody committing an offence, you can arrest that person and take him/her to the police station.
"The DJ never exercised that right of citizen arrest," he said.
The seasoned lawyer further argues that suicide, rape, sodomy and murder are rarely committed in the presence of people unless those people are part of the transaction.
"The circumstances putting the DJ at the scene of the commission of the offence, circumstantially he was aware that an offence was going to be committed," Omari said.
"He recorded the offence. He must have discussed in advance what is going to be done. He knew the content of the poison the lady wanted to take. So, he participated in the preparation for the commission of an offence."
Efforts to speak to DJ Brownskin to respond to the issue were not successful as he did not respond to our calls and text messages, by the time of publishing the story.
Secondly, Omari says that under the Children's Act, a parent must protect the morals and the sanity of children.
He says DJ Brownskin exposed the children to traumatic experiences when he watched his wife commit suicide in the presence of their children.
"He violated Article 53 of the Constitution, Section 119 of the Children’s Act where he made the children need care and protection. He has completely demolished these children. And he should be charged with that offence of exposing children to such horrid circumstances," Omari told the Star.
He said regarding the true position of a Penal Code, DJ Brownskin is supposed to be jailed upon conviction to a sentence of life imprisonment.
In the video which has since gone viral, a man behind the camera alleged to be the renowned DJ is heard psyching the woman believed to be his wife to go ahead and mix the concoction.
After taking the substance, the woman identified as Sharon Njeri alias Shadodo throws the empty bottle and takes a walk as if she is leaving the room only to return and lie on a seat in the same room.
The entire time the man who is seemingly the one recording the video is comfortably seated and does nothing to save her life.
At some point, he asks the house help to bring some milk but doesn't bother to help her.
It is then that the alleged poisonous substance took a toll on her and she succumbed. She died on July 29, 2022.
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