Update: Michael Macharia Njiiri (DJ Brownskin) was arrested by the Directorate of Criminal Investigations (DCI) in Kasarani, Nairobi County on June 1, 2023, over the controversial video capturing his wife ingesting poison.
On Sunday, April 2, a video went viral purporting to be a recording from DJ Brownskin, of his late fiancée Sharon Njeri Mwangi allegedly ingesting poison before she died.
In the seven-minute video, his fiancée is seen sending her final messages to her family.
The video ended with Njeri on the ground as their child rushed to the mother's side in attempts to give her some milk.
Speaking to Kenyans.co.ke, Constitutional lawyer, Bobby Mkangi, noted that the case had little to no legal parameters but was perceived to be more of a moral standpoint.
He, however, noted that key questions were raised regarding the incident including what were the events before the video was being recorded. He also wondered if the fiancée was coerced into taking the poison or did DJ Brown Skin abet in any way.
Also, another factor to consider, according to Mkangi, is where the substance came from and its composition. He also wondered whether an autopsy was conducted to determine the exact cause of death.
The lawyer raised another issue of recording whereby phone users are fond of capturing such moments instead of seeking to assist the person in distress.
He noted that in such cases, the Computer Misuse and Cybercrimes Act No. 5 of 2018 comes into play which limits persons from producing, downloading, distributing, disseminating or circulating materials that are either obscene, inciteful or hateful in any manner.
On whether the video would be admissible in court as evidence, the lawyer added that it would only pass if it met the threshold.
"If it meets the evidence threshold, it will be an item but some parameters would have to be established such as when it was produced, how it was produced if it would be contested (someone challenging the authenticity) and whether it has been tampered with," he stated.
He pointed out that the video would be essential in creating theories but it would be based on the investigators should they file it as evidence based on the technical evaluation.
According to the Obituary report seen by Kenyans.co.ke, Njeri died on July 29, 2022, and was buried at her father’s rural home in Koimbe Weithaga Village, Murang’a County, on August 6, 2022.
