Kenyan director Tosh in court for fight over Netflix movie, “Volume”

Regarding his upcoming feature Volume, renowned Kenyan director David “Tosh” Gitonga and German filmmaker Christian Kramer are embroiled in a contentious legal battle.

On Wednesday, December 20, the Netflix series made its debut.

Kramer is claiming that the Kenyan film director has not paid him 4,400 euros (Ksh725,000) for the movie. He is now asking the court to find in his favor, claiming that if Tosh is proven guilty, he will receive compensation that might exceed Sh1 million.

Kramer had threatened to go to court in June 2023 through a demand letter if the Disconnect Director did not pay him the 4,400 Euros in seven days.

Kramer said that Tosh used his editing skills to work on the Volume trailer, which helped him secure money from Netflix to turn the idea into a full-length series. However, Tosh has since declined to give Kramer his due.

View a portion of Kramer’s demand letter via James T. Makori Advocates, his legal representative.

“Our client instructs us that you are the producer and director of Primary Pictures Limited. That on diverse dates in the year 2021 you reached out to our client via phone calls while he was in Germany seeking to engage him for his professional services as a world renown film editor… You needed him to edit the Volume series trailer so that the same could be used to pitch for Netflix funding for the production,”

After receiving the demand letter, Kramer accepted Tosh’s Primary Pictures’ request for 21 days to provide a thorough and comprehensive answer to the claims, sent through their attorneys Mwanyumba Kariithi & Co.

Tosh denied ever contacting the German to modify the Volume trailer in the lengthy June 15 statement to Kramer.

A portion of Tosh’s reply said this:

“We would like to begin by stating that our client has not and has never sought or engaged your client in any capacity for the provision of any professional services as alleged in your letter. Your client’s supposed relationship with one David Tosh Gitonga, a Director of our client is not a professionally binding relationship the consequence of which is meant to obligate our client and its actions in any way.

Our client has never needed your client to edit the Volume Series Trailer as alleged in your letter so that the same can be used to pitch for Netflix funding for the production… We wish to state clearly, without any fear or contradiction that our client shall not be extorted. Blackmailed, deceived, pressured or strong-armed into accepting that it has any professional relationship with your client despite this blatant attempt to do so.”

On a whim, Kramer filed a lawsuit in the Milimani Small Claims Court with case number SCCCOMMM/E4791/2023. Honorable Magistrate Barbara Akinyi is currently hearing the case.

On November 22, 2023, the magistrate, Hon. Barbara Akinyi, presided over the hearing. In addition to testifying and being cross-examined, the Defendant and Plaintiff also appeared in person, and we cross-examined Tosh. After then, the honorable magistrate gave orders for both sides to submit their materials. The subject will now be discussed on February 9, 2024, to confirm the date of the judgment’s issuance and the completion of submissions. Kramer’s attorney stated, “All my client is asking for is reimbursement for his salary of 4,400 euros plus interest at court rates from the date of case filing and any other costs that the court will deem fit.”