The High Court in Nairobi has issued orders restraining Cleophas Shimanyula AKA Toto from publishing any further defamatory statements against Senator Bonny Khalwale and his family.
Justice Janet Mulwa issued the orders and directed the matter to be heard at the Kakamega High Court.
“The motion shall be served for hearing inter-partes at the High Court at Kakamega on 19th March 2024,” Justice Mulwa ruled.
The judge directed the matter to be heard in Kakamega since all the events leading to the filing of the suit took place in Kakamega County and the plaintiff is the senator of that 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,” Justice Mulwa added.
Senator Khalwale has sued Toto for making defamatory statements against him in regards to the death of his former worker Kizito Moi Amukune.
Toto has been accusing the senator of killing Amukune who had worked for senator Khalwale for 20 years before passing away on 28th January 2024.
Two postmortem tests conducted on the late Amukune concluded that he died from excessive bleeding caused by the bull attack.
On 31st January while the mourners were leaving the senator’s home to pick the remains of the deceased for burial, the police arrived and informed him that Toto had made a complaint against him.
Toto told the police that Senator Khalwale had stabbed the deceased with a knife after suspecting him of having and affair with one of his wives.
He has gone ahead to call the senator’s wives prostitutes and claiming some of his children were born by the deceased.
