An activist accused of publishing malicious information on his Tiktok platforms has been charged with demanding money with menaces against the law.
Joseph Gitonga Kianya has appeared before City Court Senior Principal Magistrate Sharon Ouko and denied the charges.
He was accused of demanding Sh 500,000 from Amos Hunja Mwangi, a service provider with Co-operative Bank.
Court was informed that on diverse dates between July 20 and July 25, within Nairobi County, Gitonga—jointly with another individual not before the court—unlawfully demanded Ksh 500,000 from Hunja with the intent to steal.
Defense lawyers Joshua Nyamori and Black Omanga told the court that Gitonga had been cooperative with the police throughout the investigation and posed no flight risk. They further pleaded for lenient bail terms, describing their client as financially strained.
“My client is a poor man whose wife left him. He does not have a wife. The wife ran away because he is a poor man,” stated Omanga, painting a picture of Gitonga’s dire financial circumstances.
Gitonga, who boasts a significant following on TikTok, pleaded not guilty to the charges.
However, the Office of the Director of Public Prosecutions (ODPP), through State Counsel Rama Mwanaidi, urged the court to issue a gag order against the accused, citing that he had been posting material related to the ongoing case on his social media platforms.
“The accused person has been publishing details of this matter. The posts include commentary that touches on this case. Such conduct not only undermines the integrity of the judicial process. We want him restrained from posting or commenting directly or indirectly on any matter relating to the case on social media,” Mwanaidi submitted.
The court agreed with the prosecution’s concerns and granted the gag order, emphasizing the need to protect the integrity of the judicial process and the dignity of the complainant.
“It’s always the case that a case before a court of law ought not be tried in the court of public opinion. Gag orders are therefore necessary to retain the sanctity of the court. A gag order is hereby issued restraining the accused from discussing or causing to be published on any platform matters pertaining to this case. A gag is necessary to protect the dignity of the complainant. The complainant has a right to not have his case tried in the court of public opinion,” Magistrate Ouko ruled.
Gitonga was released on a cash bail of Ksh 50,00 or an alternative bond of Ksh 100,000 but with strict orders not to comment or post nything regarding the case.
