Cleophas Shimanyula Alias Toto has been restrained from posting on any media platform or publishing any defamatory words, statements or contents against Senator Bonny Khalwale pending the hearing and determination of the defamation suit filed in court.
“Pending the inter partes hearing and determination of this application, this court has issued an injunction, restraining the defendants, by themselves or by their servants, agents or anyone acting under their authority, from posting on any electronic, print or any other media platform any content arising from applicant, his family, or his former employee, the late Kizito Moi Amukune, “ruled lady Justice Janet Mulwa.
Judge Janet at the same time has ruled that in the interest of justice and territorial jurisdiction of the court, she has found it prudent to transfer this suit for hearing and determination at the High Court at Kakamega.
She has ordered that the Motion be served for hearing inter partes at the High Court at Kakamega on 19//3/2024. In transferring the case, the judge has considered that the plaintiff too is the Senator of Kakamega County.
“The Deputy Registrar of this court is directed to effect the transfer forthwith. GIVEN under my hand and seal of the Honourable court this 19/2/2024,”she ruled.
In the suit,Khalwale has made good his threat to file a Lawsuit against Cleophas Shimanyula alias Toto demanding Ksh 1.5 billion from Toto for alleged defamatory remarks made against him (Khalwale) following the death of his fighter bull attendant.
Toto had accused the Kakamega senator of being involved in the killing of his farm hand, Kizito Moi, who died after being gored by a fighter bull.
Moi died on January 28 and was laid to rest on February 5, after a postmortem investigation confirmed Khalwale’s earlier claims that his death was caused by the bull.
Following the autopsy, Khalwale sent a demand letter to the Kakamega tycoon, apologizing and offering to compensate him for damages caused by his “defamatory remarks”.
Toto, however, told him off and dared him for legal combat over the matter.
Through his advocate Danstan Omari, Khalwale now seeks an order stopping Shimanyula 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 the Kakamega tycoon 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, Cleophas 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.
