Azziad Defamation: TikToker Brian Chira Freed

The TikToker was set free on Monday, July 31 with the surety of the same amount after he was charged with cyber harassment.

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Jul 31, 2023 - 12:15 Updated: Jul 31, 2023 - 12:30
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Azziad Defamation: TikToker Brian Chira Freed
Side by side image of Azziad Nasenya and Brian Chira. /VIRALTEAKE

Controversial content creator, Brian Chira Wambui, has been released on a Ksh50,000 cash bail.

The TikToker was set free on Monday, July 31 with the surety of the same amount after he was charged with cyber harassment.

He was charged with using his TikTok account to defame TikTok star, radio host and influencer, Azziad Nasenya, charges which Chira denied before Kibera Principal Magistrate Renee Kitagwa.

Azziad was earlier spotted outside the Kibera Law Courts ahead of her lawsuit case against Chira, with numerous bloggers pursuing her despite not having the chance to respond to any of their questions.

Azziad Nasenya outside Kibera Law Courts on July 31, 2023. /EVE MUNGAI

As Azziad walked towards the law court building, she was accompanied by several people. Once inside, she proceeded upstairs, where she was filmed having a conversation with Eve Mungai.

Shortly after, Chira, who is the accused in the case, arrived in a white double cabin. However, he didn't have the opportunity to address any media outlet.

As Chira disembarked from the vehicle, one person joked that his smile had even faded, considering he usually smiles while recording his videos.

The defamation case will be mentioned on September 12, 2023. Information regarding his arrest surfaced on Wednesday, July 26 at around 8.30 pm when Eve Mungai posted a video showing Chira being led into a police station with his hands cuffed.

According to Azziad’s lawyer, Gertrude Kibare from Johnson & Partners Advocates, Chira's arrest was prompted by a live video on TikTok whereby he uttered words deemed to be derogatory to the Soundcity Radio host.

The lawyer further revealed that Chira took a step further and leaked her personal phone number to his followers during the live session.

The consequences of disclosing Azziad's private details meant that she received a bombardment of calls and messages, some of whom from individuals who were outright insulting her, causing her unhappiness and torment.

“Sometime last week Chira went live on TikTok at night and the Topic was Azziad he uttered some words which I cannot repeat here but those words are defamatory and he did not stop there he went ahead and gave and gave out her number.

"My client has for the past week been buzzing with a lot of calls and messages some of which are insults and my client was not happy. Since we have the computer misuse and cybercrime act she choose to take legal action,” the lawyer said in part.

Azziad however was armed with knowledge of the Computer Misuse and Cyber Crime Act and pursued the matter legally.

The lawyer further claimed that the investigating officer and the Directorate of Criminal Investigations (DCI) will conduct investigations before proceeding to the next step, which would be charging Chira in a court of law.

Speaking to Viral Tea, Wycliffe Anyona, a corporate legal compliance analyst, argued that Chira's case of defaming Azziad was a civil wrong which is not even listed in either the Penal Code or any other act in the Constitution of Kenya such as the Sexual Offences Act.

He believed that Azziad should have pursued other means such as getting a lawyer and then filing a lawsuit against Chira for damages.

"We have two types of offences, an offence can either be criminal or civil so any criminal case has to be listed in the Penal Code of Kenya or any other act like the Sexual Offences Act. In terms of somebody who's online and abuses you, that is defamation which is a civil wrong.

"You cannot take someone to the police station, you get a lawyer then you sue them for damages. That offence cannot be punishable by a jail term but if you write someone a threatening message, we had the Kenya Communications Act of 1998 Section 29 (a) which was amended to protect though from threatening other people like writing a serious message for instance someone tells you Mungiki will kill you...that is a crime," he opined.

Meanwhile, Azziad on Friday, July 28 addressed the matter during a live session on TikTok, though it was not the response many of her fans were expecting.

She chose not to dwell directly on the arrest but instead shared some words of wisdom with her fans and followers, further emphasizing the importance of kindness and how it can profoundly impact others’ lives.

Azziad Nasenya posing with a teacup. /AZZIAD NASENYA

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