Why TikTok Star Alby Is Quitting Viral 'King Of Smiles' Videos

"I've held on for so long. I've shot so many videos in the past months bringing smiles to people yet I'm sinking mentally so badly because I'm getting sued for making someone smile," explained Alby.

Alby went ahead to share a court notice on his Instagram page alerting him of the lawsuit and compelling him to enter an appearance in the suit within 14 days from the date of service, failure to which, a judgement would be issued in his absence.

In court documents seen by Viral Tea, Alby was accused of driving by a market stall in Nairobi and engaging a shop attendant in a conversation with the sole intention of defaming her. He was also accused of secretly recording without her consent.

"The exact words uttered by the Defendant were “Mambo? niko na chwani hapa naweza kupea mapenzi ya dhati nibaki nimembao” which can be loosely translated as "Hello, I have fifty shillings here, I can give you sincere love and still have an erection. The Defendant secretly recorded the conversation without the Plaintiff‟s consent and knowledge. The Defendant proceeded to post a video clip of the conversation on his social media handle known as TikTok.

"The video clip attracted all manner of disparaging comments that have resulted into tarnishing the Plaintiff‟s character and her good standing in the community. The Defendant made utterances to the effect that the Plaintiff is a prostitute plying her trade," read the documents in part.

Alby was also accused of maliciously, and with ill motive, uploading the video clip on his TikTok handle to increase circulation with a view of entertainment and making monetary gain from the same at the expense of the attendant's reputation.

The attendant wants the court to compel him to compensate her for general damages and or loss arising from the publication of the video of their conversation without her express authority as well as aggravated damages and an order of permanent injunction restraining him from publishing and/or using her image, likeness and conversations in any way in its advertisements or social media platforms.

A demand letter dated January 19, 2022, had compelled him to pull down the video within 24 hours from his TikTok handle and simultaneously share an apology on his platform or risk legal action.