WhatsApp chat costs filmmaker Tosh Gitonga Sh1 million after court ruling
Key points
- Court found WhatsApp messages amounted to a legally binding contract.
- Filmmaker Tosh Gitonga was ordered to pay about Sh1 million in the dispute.
- Creatives and freelancers should treat chat deal terms as formal commitments.
The send button can be a signature. Nation reports that a WhatsApp chat cost top filmmaker Tosh Gitonga about Sh1 million after the High Court held that the messages amounted to a legally binding contract.
Kenya’s creative economy runs on voice notes and blue ticks. Courts increasingly look for offer, acceptance and consideration in chat logs when parties behave as if a deal exists. That protects the weaker party — and punishes casual promises.
Practical habits
Confirm scope, fee, delivery dates and kill fees in writing. Follow major chats with a short email or signed one-pager. Archive threads; deleting history is not a legal strategy.
Producers, influencers and agencies should train teams that “just WhatsApp” is still evidence.
Digital commerce
As more business moves to messaging apps, contract literacy becomes basic professional hygiene.
Tech and legal contacts: directory.
Based on Nation reporting of the High Court WhatsApp contract ruling involving Tosh Gitonga.