A video of a woman allegedly being DJ Brownskin's wife committing suicide has made rounds on social media, causing a public outcry.
Danstan Omari explains why DJ Brownskin could be charged with felony
In a viral social media video, a man believed to be a well-known DJ hyping up his wife to proceed with mixing the poison
Kenyans online are calling on the police to investigate the matter, and Lawyer Danstan Omari has shed light on the legal implications and possible charges for those involved.
Speaking to a local media house on Monday, Omari said that anyone who sees someone committing suicide and fails to take any action to stop or report the offence is guilty of a felony under Penal Code section 225 (Aiding suicide).
DJ Brownskin could face arrest and prosecution if he were aware of the commission of the offence, recorded it, but never attempted to stop or report it, according to Omari.
"If it is true that he was there, observed, and recorded, three offences were committed.
"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.
Omari further argues that the circumstances that put the DJ at the scene of the commission of the offense suggest that he participated in preparation for the commission of an offense.
"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," he added.
Suicide, rape, sodomy, and murder are rarely committed in the presence of people unless those people are part of the transaction. Thus, the DJ's failure to exercise his right of citizen arrest could land him in jail for life.
In addition to aiding suicide, Omari states that DJ Brownskin exposed his children to traumatic experiences by watching his wife commit suicide in their presence.
According to the Children's Act, a parent must protect the morals and sanity of children.
Therefore, the DJ violated Article 53 of the Constitution, Section 119 of the Children's Act, and should be charged with exposing children to such horrid circumstances.
"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."
Unfortunately, efforts to contact DJ Brownskin to respond to the issue were unsuccessful, and the matter remains under investigation.
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