Written by Were Kelly
A popular TikTok content creator and outspoken street activist was on Friday arraigned before a Nairobi court to face charges of extortion, in a case that has stirred public interest both online and offline.
Joseph Gitonga, a well-known human rights campaigner with a significant social media following, was brought before Senior Principal Magistrate Sharon Ouko at the Milimani Law Courts. He is accused of unlawfully demanding Ksh 500,000 from a media service provider linked to Co-operative Bank, with the intent to steal.
According to the charge sheet, Gitonga, together with another suspect who was not in court, allegedly committed the offence between July 20 and July 25, 2025, within Nairobi County. The complainant, identified as Amos Hunja Mwangi, reportedly works as a service provider for the bank. Prosecutors claim the accused persons threatened or coerced Mwangi into paying the money.
The charge falls under Section 302 of the Penal Code, which criminalises demanding property with menaces, a felony that carries a heavy penalty upon conviction.
Represented by lawyers Joshua Nyamori and Black Omanga, Gitonga denied the charges and sought lenient bail terms, with his defence team describing him as a man of limited means. Omanga painted a personal picture of hardship, telling the court:
“My client is a poor man whose wife left him. He does not have a wife. The wife ran away because he is a poor man.”
The lawyers argued that Gitonga had fully cooperated with investigators throughout the probe and was not a flight risk. They said he had responded promptly to police summons and had not attempted to interfere with witnesses.
They further urged the court to consider his reputation as a community activist, adding that the case had already attracted significant public attention, which could be prejudicial if handled without caution.
The Office of the Director of Public Prosecutions (ODPP), through State Counsel Rama Mwanaidi, opposed any unconditional bail. The State’s main concern, however, was Gitonga’s online activity.
Mwanaidi told the court that the accused had been making social media posts about the case, including commentary that could prejudice the trial and influence public perception.
“The accused person has been publishing details of this matter. The posts include commentary that touches on this case. Such conduct not only undermines the integrity of the judicial process; it risks intimidating the complainant. We want him restrained from posting or commenting—directly or indirectly—on any matter relating to this case on social media,” she submitted.
The prosecution argued that since Gitonga enjoys a considerable online following, his posts could spark a trial by social media, undermining the fairness of proceedings.
After listening to both sides, Magistrate Ouko sided with the prosecution, noting that courts must protect the dignity of complainants and preserve the sanctity of legal proceedings.
“It’s always the case that a matter before a court of law ought not be tried in the court of public opinion. Gag orders are therefore necessary to retain the sanctity of the court. The complainant has a right to not have his case tried outside the judicial process,” Ouko ruled.
She issued a gag order restraining Gitonga from posting or causing to be published any information about the case on any social media platform.
The ruling sends a strong signal about the judiciary’s stance on social media commentary in ongoing trials, especially in high-profile cases involving public figures or influencers.
The court granted Gitonga cash bail of Ksh 50,000 or an alternative bond of Ksh 100,000. The bail conditions require him to strictly adhere to the gag order and to present himself to court as required. Any breach could lead to the revocation of bail.
