A businessman risks a suit after alleged defamatory statements against Kakamega senator Boni Khalwale.
Cleophas Shimanyula alias 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.
“That you confirm in writing, within the next 48 hours that you shall immediately, but in any event not later than 48 hours from the date hereof, that you publish an unqualified retraction of all the defamatory statements and an unconditional apology that should achieve similar prominence as the offending scandalous statements. That you accept liability for the defamatory statements published in the impugned article, and Compensation for otherwise damaged reputation being not less than Sh200 million,” said Khalwale.
Khalwale through his lawyer Danstan Omari 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 Kizito Moi Amukune by insinuating cover-up, alleging that the senator stabbed the deceased over suspicions of an affair with one of his wives.
He added he claimed that some of Khalwale’s children were fathered by his wife with assistance from the late Kizito Moi Amukune.
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.
Kizito died on January 28, after he was attacked and gored by the Kakamega senator’s famous fighting bull, christened ‘Inasio’.
Speaking to members of the press, the outspoken legislator said the bull attacked the 47-year-old, killing him on the spot.
He sustained serious injuries on the stomach, back and neck.
Moi’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.
Email your news TIPS to Editor@kahawatungu.com or WhatsApp +254707482874