Why Azziad Was Wrong To Have Brian Chira Arrested

Reports that emerged on Friday, July 28 regarding the arrest of controversial content creator Brian Chira for allegedly defaming TikTok star Azziad Nasenya caused mixed reactions across the internet.

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.

While Kenyans online agreed with the radio host and influencer's move to have authorities crack down on Chira, others argued that the nature of the crime he committed was not enough to warrant an arrest.

Controversial TikToker Brian Chira. /FILE

"Brian Chira is trending for all the wrong reasons, and what Kenyans should understand is that he was arrested not because of defamation but for sharing Azziad's personal information without her consent. He decided to share her personal number online, keeping in mind this also happened in 2020, and Azziad got over 50K messages when her number leaked.

"From his utterances on TikTok Live, it is clear that the reason for sharing her number was to encourage people to bully her. This is a crime," tweeted Pedro Mbugua.

"I was in these streets when Robert Alai posted President Uhuru and DP Ruto's number on social media. The police arrested him but couldn't sustain the charge. Sending police to arrest Brian Ciira because he posted your girlfriend's number online is a waste of police time. Sue him," activist Boniface Mwangi weighed in.

So, Did Chira Commit A Crime By Leaking Azziad's Number?

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.

While comparing Chira's case to other notorious, sometimes nation-shaking cases such as the Shakahola massacre, Anyona was of the view that Chira may have taken part in a bullying exercise targeting Azziad through his live broadcast on TikTok to the point of leaking her personal phone number online without consent.

"However this one for Brian Chira, maybe he has some influence, it's just purely bullying, even sharing someone's number without their consent is not a crime, it's just a civil wrong that you can only sue in a court of law. 

"But it's like Pastor Mackenzie when I commit a crime that has not been listed in the law, the charge sheet report has to list it as a crime. You cannot take someone to court for a crime that is not in Kenya, every crime has to be legislated in law by the Parliament...what Brian Chira did is defamation which is not criminal but a civil wrong," he added.

Azziad Speaks On Alleged Arrest Of Chira

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.

Encouraging her audience, Azziad said, “Always be kind to people, as nobody wants to be a pain in someone else’s life.”

Azziad also urged her fans to be mindful of their actions, emphasizing that every action carries consequences, sharing valuable life lessons and advising her followers to work diligently and strive for success without seeking shortcuts.

Azziad Nasenya posing with a teacup. /AZZIAD NASENYA

“Work on your relationship with God, work very hard as there is no shortcut in life. Also, remember to work smart,” she said, imparting the importance of both hard work and strategic thinking in achieving personal goals.

“Mind your business and if it does not make you a better person or build you as an individual or add value to what you do, it is definitely not worth minding."

Her lawyer, Gertrude, who claimed that Chira was picked up by detectives and forced to spend the night in custody, is yet to issue an update on the TikToker's arrest as she claimed, by the time of publication.