Filmmaker Tosh Gitonga battles auctioneers over Sh985,000 debt
By Sinda MatikoRenowned Kenyan filmmaker David ‘Tosh’ Gitonga could lose more than Sh1 million as auctioneers have now attached assets in his office to recover a court-ordered award to German Picture Editor Christian Kramer.
Last Wednesday, Interfiled Auctioneers stormed Tosh’s Primary Pictures Ltd office in Nairobi and proclaimed assorted assets worth Sh985,884 to recover Kramer’s debts.
Mr. Kramer in July, got permission from the Magistrate court to recover Sh678,403 following a protracted dispute over a Netflix project titled ‘Volume’.
Tosh lost the case after the magistrate court found him guilty and entered judgment in favor of Mr. Kramer’s ordering the Kenya filmmaker to pay the German ShSh678,403.
The debt had accrued in interest to Sh778,084, by last week when the auctioneers visited Primary Pictures having been granted warrants by the court. The amount rose to Sh985,884 when the auctioneer’s charge fees were factored in.
Interfiled Auctioneers served Tosh with the Warrants of Attachment and Sale on 24 October, which provided a 7-day proclamation notice.
The assets attached by the auctioneers from the Primary Pictures Ltd office include a burner cooker valued at Sh10,000, a microwave valued at Sh2,500, a two-door fridge estimated at Sh20,000, a photocopy machine at Sh50,000, TV Set Sh20,000, three seater sofa L shaper estimated at Sh10,000, six desktop computers each at Sh5,000, water dispenser Sh2,500, two executive chairs each at Sh3,000, two metallic boxes each at Sh5,000, two wooden cabinet each at Sh10,000, 17 office chairs each valued at Sh2,500 among other assets. Interfiled Auctioneers have also charged Tosh Sh207,800 for their services.
The filmmaker has, however, been given a lifeline after he filed a miscellaneous application at the High Court and sought stay orders.
On the 5th of August 2024, Justice Christine Meoli granted Tosh a conditional stay order which required him to deposit Sh400,000 in court pending determination.
The matter came up for hearing this week on the 24th of October, where Justice Meoli issued fresh orders lowering the amount to Sh200,000 after Tosh argued that he was unable to raise the Sh400,000.
“Upon hearing the counsel, the court will extend interim orders of stay on condition that the applicant shall deposit into court the sum of Ksh200,000 by close of business on 31st October 2024,” Justice Meoli ordered.
Mr Kramer moved to court mid-last year suing Mr Gitonga for refusing to pay him for his input in the ‘Volume’ Series which premiered on Netflix on December 2023.
The German accused Tosh of using his expertise to obtain funding for the Volume series from Netflix and then refusing to pay him his services fees of 4,000 Euros they had agreed on.