In a drastic turn of events, award-winning content creator Azziad Nasenya has taken legal action against TikToker Brian Chira, accusing him of allegedly defaming her name.
The information came to light on July 26 at around 8:30 p.m. when Eve Mungai posted a video showing Chira being led into a police station with his hands cuffed.
Azziad’s lawyer speaks
According to Azziad’s lawyer, Getrude Kibare from Johnson & Partners Advocates, the incident leading to Chira's arrest reportedly occurred approximately a week ago when he went live on TikTok and allegedly uttered derogatory remarks about Azziad Nasenya.
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Getrude further revealed that Chira went a step further and publicly disclosed Azziad’s personal phone number during the live session.
“Sometime last week, Chira went live on TikTok at night and from the live I think the topic was Azziad. And he uttered some words… Those words are very defamatory and he did not stop there, he also went ahead and gave out her number,” Getrude said.
As a result, Azziad has been bombarded with numerous calls and messages, some of which have been outright insulting, causing her immense distress and unhappiness.
“My client for the past week has been buzzed with a lot of calls and messages, some which are actually insults because of that. So, my client was not happy and since we have Computer Misuse and Cyber Crime Act, she chose to pursue the matter in legal manner,” she continued.
Azziad takes legal action against Chira
Facing the grave implications of the situation and equipped with the Computer Misuse and Cyber Crime Act, Azziad Nasenya decided to pursue the matter legally.
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According to the lawyer, the relevant legal institutions, includ]ing the police and the Directorate of Criminal Investigations, were engaged, leading to Brian Chira's arrest.
“We have engaged the relevant legal institutions i.e. the police, and also the Directorate of Criminal Investigations. That’s why we are here today. He was arrested today,” she said.
With Chira now in police custody, the investigative officers are tasked with the responsibility of progressing the case further.
This entails preparing a charge sheet that will be presented to the office of the Director of Public Prosecutions, eventually leading to court proceedings.
“The investigative officer now has the duty to take the next step which involves now charging him in a court of law.
“So, hell prepare the charge sheet, present it to the office of the Director of public prosecutions then take it to court. This is now where he’ll take a plea,” she said.
Potential penalties for Chira
Chira's actions fall under the Computer Misuse and Cyber Crime Act, which outlines various offenses and their corresponding penalties.
According to Getrude, for the specific offense of defaming Azziad Nasenya and disclosing her private information, Chira could face a hefty fine of up to 10 million, as stipulated in the relevant sections of the Act (sections 14 to 46).
“If you look at the Computer Misuse and Cyber Crime Act, all the way form section 14 to 46, provides offence and penalties. For this particular offense you can pay a fine of up to 10 million.
“At the moment he has his rights for bail. He can apply for police bail or bond and also, he can still apply for all,” she said.
As the legal process unfolds, Chira currently has the right to apply for bail or bond, pending his trial.