Controversial Tiktoker Brian Chira was on Thursday night arrested for allegedly defaming Azziad Nasenya.
He was arrested in Nakuru and driven to Nairobi where he was detained at the Wilson Airport Police Station.
In a short clip from the Mungai Eve channel, Chira tells someone on a phone call that "I insulted her. So she reported. Talk to the officers and then they can explain. All I was requesting is for you to ask" he adds.
Mungai Eve interviewed Gertrude representing Azziad, who announced that her client is not happy.
"Sometime last week Chira went live on tiktok, and the topic was Azziad. He uttered some words, very defamatory. He also went ahead and gave her number. My client was being buzzed with alot of calls and messages some of which are insults because of that - broadcasting her number. My client was not happy" she said about the legal matter.
Gertrude cited the Computer Misuse and Cyber Crime Act.
The Computer Misuse and Cybercrimes Act of 2018 (CMCA) was assented on 16th May 2018
Defamation in Kenya is governed by the Defamation Act of Kenya, Cap 36 Laws of Kenya.
Defamation is a civil rather than a criminal matter.
"Defamation of character" is any statement that hurts someone's reputation. Written defamation is called "libel," while spoken defamation is called "slander." Because written statements last longer than spoken statements, most courts consider libel more harmful than slander.
Defamation injures the reputation of somebody.
The person who has been defamed (the "plaintiff") can sue the person who did the defaming (the "defendant") for damages.
The damages awarded to the defamed individual are at the discretion of the court.
A plaintiff suing for defamation typically must show all of the following:
The defendant published a statement about the plaintiff.
The statement was false.
The statement was harmful.
The statement was unprivileged.
Courts look carefully at the context of a potentially defamatory statement as well as its substance to decide whether it's an opinion or a factual statement.
You can defend yourself against a defamation lawsuit if the statement you made was:
true an opinion privileged (see above), or retracted.
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