The High Court Tuesday gagged Kakamega businessman Cleophas Shimanyula alias Toto in a defamation case filed by Senator Bonny Khalwale.
Lady Justice Janet Mulwa also transferred the case to Kakamega from Nairobi in a ruling.
“The court notes that all the events leading to filing of the suit and the instant Motion took place at Kakamega County. The plaintiff too is the Senator of Kakamega County. In the interest of justice and territorial jurisdiction of the court, i find it prudent to transfer this suit for hearing and determination at the High Court at Kakamega.”
“In the meantime, prayer number two is granted. The Motion shall be served for hearing interpartes at the High Court at Kakamega on 19//3/2024,” she said.
Khalwale had among others asked the court that pending the inter-partes hearing and determination of the application the court issues a temporary injunction against the Toto either by themselves, legal representatives, their servants from posting on any electronic or print media, internet, digital web page and/or in any media platform or any other platform wheresoever or publishing or disseminating any manner whatsoever defamatory words, statements or content or any similar words or statements or content like effect arising from or relating to the applicant, his family and/or his former employee, the late Kizito Moi Amukune.
Khalwale through lawyer Danstan Omari had said he has been subjected to multiple defamatory remarks steered by Toto over the past few weeks.
Read: Khalwale Formally Sues Toto for Defamation
He claimed the businessman has been spreading malicious rumors about him relating to the death of his late employee.
“Despite demands for retraction and unconditional apology, Cleopas has failed to comply and has instead to conduct further interviews with defamatory claims, thereby necessitating legal action,” read his documents in part.
Khalwale said the remarks have caused him immense emotional distress and continue to expose him and his entire family to public ridicule.
Toto was on February 7 given 48 hours to withdraw the remarks that links Khalwale to the death of his long serving servant and his wives to infidelity and give an unconditional apology.
Subsequently, he is to accept liability and compensate for reputational damage a minimum Sh200 million failure to which legal action will be taken against him.
Khalwale alleged that despite Toto knowing that the bull trainer died out of excessive bleeding caused by multiple injuries due to an attack from the bull, he raised doubts about the pathologist’s findings prompting the police investigations into the death of Amukune by insinuating cover-up, alleging that the senator stabbed the deceased over suspicions of an affair with one of his wives.
Khalwale alleged that Toto’s persistence in endorsing these false statements, are causing significant harm to his reputation as a respected State Officer, father, and politician.
Amukune died on January 28, after he was attacked and gored by the Kakamega senator’s famous fighting bull, christened ‘Inasio’.
Amukune’s body was discovered by another farmhand.
The deceased, who was alone at the time of the incident, had been the caretaker and trainer of the senator’s fighting bulls for more than 20 years.
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