- Filmmaker David “Tosh” Gitonga has lost his request to pay a Sh1.1 million court debt in monthly instalments of Sh10,000.
- The Small Claims Court said he had not provided enough financial information to prove he could not pay the debt in full.
- Adjudicator Stella Wanjiru dismissed his application and awarded an additional Sh7,000 in legal costs.
- The debt originated from a dispute with German editor Christian Kramer over work connected to Gitonga’s series Volume.
- A court previously found that WhatsApp exchanges between the two filmmakers amounted to a binding agreement.
- Gitonga’s High Court appeal against the original decision was dismissed in 2026.
Kenyan filmmaker David “Tosh” Gitonga has suffered another setback in a long-running dispute over payment for film editing services after the Small Claims Court rejected his request to clear a Sh1.1 million debt through monthly instalments. Gitonga had proposed paying Sh10,000 every month, citing difficult economic conditions and a decline in business activity. The court found that he had not supplied enough evidence about his finances to justify such an arrangement. Adjudicator Stella Wanjiru consequently dismissed the application and ordered him to pay a further Sh7,000 in legal costs.
The court said anyone seeking permission to settle a judgment debt in instalments must demonstrate their actual financial position. Gitonga had argued that he could not raise the entire amount at once, but the court wanted more detailed information before exercising its discretion. In particular, he had not sufficiently disclosed his income, assets and liabilities. The information provided did not allow the court to determine whether he genuinely lacked the means to pay the outstanding amount.
Wanjiru said the responsibility was on Gitonga to establish that he could not settle the decree through a lump-sum payment. The adjudicator concluded that the filmmaker had failed to meet the required threshold. His proposed Sh10,000 monthly arrangement was therefore not approved. The decision leaves the outstanding judgment debt payable without the instalment arrangement he had sought.
The case dates back to Gitonga’s work on Volume, a Kenyan series that later became available on Netflix. During the project’s development, Gitonga engaged German filmmaker and picture editor Christian Kramer to provide services related to the production. Their communications about the work took place electronically between 2022 and 2023. Kramer later claimed that Sh678,403 remained unpaid for the services he had provided.
The amount claimed was connected to work that supported the development and promotion of Volume. The services also formed part of Gitonga’s efforts to secure funding for the project. The two sides eventually disagreed over whether their communications had created an enforceable agreement. Gitonga maintained that there was no formal written contract between them.
The legal dispute nevertheless centred on their WhatsApp exchanges. The Small Claims Court examined the communications and eventually determined that they amounted to a legally binding agreement. That finding established the basis for Kramer’s claim against Gitonga. The original amount owed subsequently increased through interest and additional legal costs.
High Court appeal failed in 2026
Gitonga challenged the Small Claims Court decision at the High Court in November 2024. He argued that he had not been given a proper opportunity to present his case and continued to dispute the existence of a legally enforceable contract. During the appeal proceedings, the High Court directed him to deposit Sh400,000 with the court while the matter was being determined. The appeal was ultimately dismissed in 2026.
The High Court decision left the earlier judgment in place and confirmed Gitonga’s liability for the debt. The amount had by then risen substantially above Kramer’s original Sh678,403 claim because of interest and additional costs. The filmmaker then returned to the Small Claims Court with a fresh request. This time, he sought permission to settle the outstanding amount through monthly payments of Sh10,000.
At that rate, the principal amount alone would take more than nine years to clear. That calculation does not include any additional interest or costs that could accrue during the repayment period. Kramer opposed the proposed arrangement and disputed Gitonga’s description of his financial circumstances. The court ultimately sided with the requirement for stronger financial disclosure before allowing such an arrangement.
The debt had also triggered recovery efforts involving Gitonga’s production company, Primary Pictures. Auctioneers had previously sought to recover the money following the original judgment. Those efforts contributed further costs to the filmmaker’s outstanding obligation. The latest court ruling means his attempt to restructure repayment has now been unsuccessful.
Kramer’s opposition included references to Gitonga’s continued professional activity. The German editor pointed to the filmmaker’s recent work in film and television while challenging his claim that his financial circumstances prevented him from paying the debt. The court’s ruling, however, focused on the evidence Gitonga placed before it concerning his ability to settle the judgment. It did not approve the proposed monthly payment plan.
Gitonga remains one of Kenya’s recognised filmmakers and first gained significant international attention through Nairobi Half Life, which he directed in 2012. The film was selected as Kenya’s submission for consideration at the 85th Academy Awards. Its international exposure helped establish Gitonga as a prominent name in Kenya’s film industry.
He has since been involved in other productions, including The Wedding Planner and The First Grader. Gitonga has also continued developing projects through Primary Pictures. The court dispute over Volume, however, has now extended through several stages of litigation, with the latest ruling adding another setback to his efforts to settle the resulting debt on his preferred terms.
