Lawrence Njuguna, alias DJ Fatxo, can now take a deep breath after the ODPP recommended an inquest into the death of his friend, interior designer, Jeff Mwathi.
This is after the Directorate of Criminal Investigations (DCI) failed to link the death of Mwathi to the DJ, and has instead called for an inquiry.
Social media users in Kenya had interrogated and prosecuted DJ Faxto. This led the Homecide team to initiate new investigations.
Nairobi lawyer Dancun Okach said the Office of the Director of Public Prosecutions (ODPP) had recommended that the matter be taken to an inquest.
"We are acting for Mr Lawrence Njuguna, popularly known as DJ Fatxo; our client has been at the centre of extensive and thorough investigations by the Directorate of Criminal Investigations since the unfortunate death of his friend, Mr Jeff Mwathi," Okach said in the letter.
Mwathi died on February 22, this year, at the home of DJ Fatxo at Redwood Apartments in Kasarani, in what the police initially reported as a suicide.
Public outrage
However, public outrage, especially on social media, mounted pressure on the State, where sleuths from DCI exhumed Mwathi's body in Likia, Njoro Sub-County, Nakuru County, in April following claims that he had been sodomised and killed after a night out.
Chief Government Pathologist Johansen Oduor added that the first autopsy established that Mwathi died following severe injuries to the head, neck, and limbs, which needed more investigations.
Oduor explained that the fractures on the head extended to the base of the skull.
The State also took samples to the government chemist for toxicology analysis to find out whether there were some toxins or other drugs involved during the night and death.
In addition, they also measured the width of the deceased's chest to be compared with the size of the window that he was alleged to have jumped out through.
"The main reason for the exhumation and the second autopsy was to find out if Mwathi was sodomised, as it is being alleged in many social circles," Oduor said, adding, "When all these results come from the laboratory, a team will analyse them and come up with a conclusive report."
Social media users and Mount Kenya politicians adversely mentioned the DJ, accusing him of having a hand in the death of the prospective designer after he died in unclear circumstances. Those who have been led to believe such narratives became part of a social media mob justice.
DJ Fatxo, who expressed his gratitude after the DCI failed to find evidence linking him to the death of Mwathi, said he has forgiven all those who besmirched him on social media platforms and convicted him in the court of public opinion.
The ODPP agreed with the DCI findings that there was no evidence to suggest criminal culpability on DJ's part.
No evidence
"We are pleased to say that we now know that the Director of Public Prosecutions has indeed looked into the matter and has agreed with the findings and recommendations of the Directorate of Criminal Investigation, namely that there is not a single shred or iota of evidence to suggest any remote criminal culpability or suspicion on the part of our client," DJ Fatxo said through his lawyer Okach.
Okach added that it is clear that his client was not even in his house at the material time when Mwathi died.
Okach added that it has not been easy for his client, Mwathi, and were it not for his special relationship with God, his parents, friends, and fans who have continued to call, send messages, and show solidarity with him, he may not even have been able to experience and comprehend this moment of vindication.
"It is clear that there is no single shred or iota of evidence to suggest any remote criminal culpability by our client or suspicion thereof. It is very clear that our client was not even at his house at the time that his friend, Jeff Mwathi, met his death," the lawyer said.
"Our client is happy that the truthful position he has always espoused and maintained with regard to his innocence has come out at last."