DJ Brownskin accuses Police of forcing him to confess over wife’s death
Michael Macharia, popularly known as DJ Brownskin, who is facing charges of aiding the suicide of his wife now wants Jimmy Kimaru, the Kasarani District Criminal Investigative Officer (DCIO) summoned to appear before the court for disobeying its orders.
Through his lawyer Duncan Okatch, DJ brownskin has also alleged that police were forcing him to confess and admit the offences as pre-condition for his release.
On June 13, 2023, the lawyer asked the court to issue orders compelling the DCIO and the case Investigating officer to appear in person to explain why they have failed to comply with an order issued last week to release the accused from custody.
The court heard that though the accused was granted Sh50,000 cash bail the police are yet to release him.
“On June 9, 2023 in blatant disrespect of the court orders, the DCIO Kasarani and investigations outrightly declined to release the accused person on the face of the original court order over the weekend. On Monday, the police extended the non-compliance and rushed him to court for plea,” Okatch told the court.
“DCIO Kasarani with utter contempt of court brought the accused in Milimani law courts. The officers ensured he did not communicate with anyone including his lawyers. They brought him at 5:30am. Such a treat even controversial Pastor Paul Mackenzie has not been treated like that. They denied violating all his rights as DJ brownskin who was brought before you would have walked to court as a free man,” the lawyer added.
The lawyer further stated that during the interrogation, the officers were forcing DJ Brown to confess in exchange for his freedom.
“Adding salt to injury they insisted on having the accused give a confession or admission as a condition to comply with these orders. Despite us indicating that was contrary to Article 49 and 50(2)(j) of the constitution, and on self inclination. The officers did not take the free counsel; they declined to release the accused,” he said.
Okatch urged the court to review the orders issued on Monday to detain the DJ for three days in custody pending a pre-bail bail report.
“We beg the court very humbly to review the orders you issued yesterday and adopt the terms that had already been issued before Makadara court in the miscellaneous file for investigations,” stated Okatch.
“We therefore seek that you summon DCIO Kasarani alongside the investigation officer in this matter. As your pen can deal with any person who goes against the law,” the lawyer said.
The prosecution through Anderson Gikunda however vehemently opposed the request by DJ brownskin to have summons issued against the two officers saying that they did not disobey court orders issued by the Milimani court.
“I see no contempt before this court against the two officers and l see no reason why The DCIO and the investigating officer should be summoned before Milimani Law Court. The accused should make the request before Makadara law court which issued the orders for his release,” Gikunda informed Chief Magistrate Lucas Onyina
According to Gikunda, he was not aware that the DJ had been granted bail by Makadara Law Courts.
“I was not privy to what had transpired before the accused was arraigned in court. From the submissions by the defence l have learnt that the accused person’s rights were infringed. I am sure that his lawyer Okatch knows the remedy to pursue the same is in the High Court . Plea was taken in this matter on Monday and since this is a matter of great public interest the court in its wisdom requested for a pre-bail report. It is only fair that we await the pre-bail so that the court,” Gikunda stated
The magistrate directed the DJ to be detained in custody until Wednesday morning when he will deliver his ruling on whether he will release him on bail and issue summons to the two officers from Kasarani.
DJ brownkin who is in custody is battling charges of of aiding suicide, neglect to prevent a felony and destroying evidence by deleting the videos he had uploaded in his social media of the videos regarding the suicidal incident of his wife Sharon Njeri at their house in July last year.
He was arrested after a video surfaced in April and went viral showing DJ Brownskin in what appeared to be him recording his wife taking poison.
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