- The magistrate noted that Njiiri was arraigned before his court to take a plea on allegations of aiding suicide.
- After the plea, his advocate moved this court to issue a summons against DCIO Kasarani, citing a breach of court directions.
Image: FILE
A Nairobi court has set August 12 as a hearing date for a case in which DJ Brownskin alias Michael Macharia Njiiri is charged with aiding the suicide of his wife last year.
Milimani chief magistrate Lukas Onyina set the date for the hearing after he appeared in court for his pretrial.
The DJ has denied the charges of aiding the suicide of his wife Sharon Njeri Mwangi on July 29, 2022.
He faced a second count of failing to use all reasonable force to prevent his wife from committing suicide although he had knowledge that she was planning to commit suicide.
He is further charged with destroying suicidal evidence from his phone on June 1, 2023, having knowledge that the said evidence would be required in judicial proceedings.
Earlier, magistrate Onyina declined to allow DJ Brownskin's application which he sought to have the DCIO Kasarani summoned to court for contempt.
Through his lawyer Duncan Okatch, the DJ had requested that DCIO Kasarani Jimmy Kimaru be summoned to appear in court for breaching court orders that realised him before a Makadara court last week.
However, in a ruling, the court said that it cannot establish any offence of contempt since the court orders alleged to have been violated were issued by Makadara Law Courts which has equal jurisdiction.
The magistrate noted that Njiiri was arraigned before his court to take a plea on allegations of aiding suicide.
After the plea, his advocate moved this court to issue a summons against DCIO Kasarani, citing a breach of court directions.
He said counsel for the accused submitted that his client was coerced to confess to the offense as a condition for his release.
The prosecution counsel told this court that matters raised by the defense arise from a miscellaneous file before Makadara Law Courts hence only Makadara stands the power to address the application.
"I do agree with the prosecution that indeed the file before this court does not have any contempt. I, therefore, direct the defense counsel to move Makadara Law Courts with the application to summon the DCIO if it deems fit," ruled the Court.
The DJ is out on a bond of Sh200,000 or a cash bail of Sh100,000.
While releasing him on bail on Monday, Milimani chief magistrate Lukas Onyina said he had considered the pre-bail report which was in his favour.
"I have considered the report before me which favours the accused as he is not a flight risk if released. I grant him a bond of Sh200,000 or a cash bail of Sh100,000", the magistrate ruled.
The case will be heard on August 12.