Kakamega Senator Boni Khalwale made good his threats to sue businessman Cleophas Shimanyula alias Toto over defamatory remarks he made against him.
Through his advocate Danstan Omari, Khalwale seeks an order stopping Toto from posting and publishing on any media platform defamatory remarks relating to him, his family and late employer Kizito Moi Amukune.
Khalwale says he has been subjected to multiple defamatory remarks steered by Toto over the past few weeks.
He claims 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 says 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 alleges 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 alleges 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.
