Kakamega Senator Bony Khalwale has sued Cleophas Shimanyula AKA Toto over continuous publication of defamatory statements against him and his family.
Through lawyer Danstan Omari, Khalwale who is seeking Sh 200 million in damages wants the court to issue orders restraining Toto and his agents from publishing any further defamatory statements.
“Pending the inter-partes hearing and determination of this application, the honourable court be pleased to issue a mandatory injunction restraining the defendant and his agents/representatives from posting or publishing defamatory statements arising from or relating to the applicant, his family and/or his former employee, the late Kizito Moi Amukune,” said Omari.
According to court documents, Toto has been publishing false information about the death of the late Amukune who died after being attacked by the senator’s fighting bull.
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.
The DCI interrogated the senator and those living in his compound while government pathologist Johansen Oduor performed a second postmortem on the deceased.
Dr Oduor’s finding were similar to the first postmortem, concluding that the deceased had died due to excessive bleeding caused by the bull injuries.
“Despite concurrent findings by at least four trained medical doctors, the defendant herein, with malice and without justification made defamatory statements accusing the plaintiff of having murdered the late Kizito Amukune,” the court heard.
While addressing media outside Milimani Law Courts, Omari said he also said he has instructions to issue demand Toto demand letters on behalf of his four wives and children who have been defamed.
The court documents state that despite demands for retraction and an unconditional apology, Toto has failed, neglected and/or ignored to comply within the stipulated timeframe and further continues to conduct additional public interviews with defamatory claims thereby necessitating legal action.
“In light of the above, there is reasonable apprehension that the applicant and his family are likely to suffer significant irreversible and unforgettable reputational harm which would not adequately be compensated by an award of damages,” Omari stated.
