Court Upholds Gag Order Against TikToker in Bank Extortion Case
Gitonga will remain restrained from publishing or making any defamatory statements touching on the bank or its staff until the case is heard and determined.
A Nairobi City Court has struck out the application by a street activist and TikToker charged with extorting a local bank, to review a gag order barring him from making any social media post regarding the case.
City Court Magistrate Georgina Opakasi dismissed the appeal filed by Joseph Gitonga Kihanya, charged with demanding Ksh 500,000 from a Cooperative Bank official, Amos Hunja Mwangi.
Through his lawyers Joshua Nyamori and Black Omanga, Gitonga requested that the barring orders issued be lifted for what he claimed was being killed digitally.
The magistrate dismissed the plea to review the orders given by another subordinate court for what she termed a lack of jurisdiction.
Gitonga had requested the court to lift the order, arguing that it infringed his freedom of expression. However, in her ruling, the magistrate said the issues raised had already been canvassed before another court,
This is a matter that was canvassed before Court Number 3 on August 8 2025. From the ruling, it is obvious that the issues raised are similar to those raised in the application before this court. It is essential to note that Court Number Three is a court of concurrent jurisdiction with this court. Therefore, entertaining a review of her orders will be tantamount to this court sitting on appeal of those orders. It is trite law that a court cannot sit on appeal of a position of a court of concurrent jurisdiction, and to do so will amount to this court abdicating itself of its jurisdiction,” the magistrate said.
The court further noted that the TikToker’s proper avenue for review of the order lies in the High Court, not the court of equal standing.
“It is fundamental that the dignity and integrity of the court process is preserved, and this court will be rendered in other ways if it proceeded to entertain the application. Therefore, the application to review the court order made by Court Number Three on August 8 2025 is disallowed, for the good of the court,” she said.
Gitonga will remain restrained from publishing or making any defamatory statements touching on the bank or its staff until the case is heard and determined.
The hearing will proceed on October 16.
