Kakamega Senator Boni Khalwale earned a major boost in his case against businessman Cleophas Shimanyula alias Toto, in which he had sued him over defamatory statements.
Khalwale successfully obtained a High Court order on February 20, 2024, barring the business tycoon from posting any defamatory utterances against the Senator, his family or that of his former caretaker the late Mzee Moi Kizito.
This applies to utterances posted on any electronic or print media, internet, digital web page and/or in any media platform or any other platform wheresoever or publishing or disseminating any manner of defamatory utterances.
“Pending the inter-partes hearing and determination of this application, this honorable court be pleased to issue a temporary injunction restraining the defendant either by themselves, legal representatives, their servants, agents or anyone acting under their authority from or content or any similar words or statements or content of like effect arising from or relating to the Applicant, his family and/or his former employee, the Late Kizito Moi Amukune,” read part of the ruling.
In the lawsuit, the Senator demands over Ksh1.3 billion to be shared among his three wives and 17 children.
According to the senator, Ksh800 million out of the Ksh1.3 billion is to be shared between himself and his three wives and the additional Ksh500 million for his 17 children.
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The fresh order comes after Toto deliberately ignored requests to pull down his defamatory posts against the Senator.
Khalwale Sues Toto
These utterances by the businessman came following the accidental death of Khalwale’s caretaker and bull’s attendant, the Late Mzee Moi Amukune where the businessman alleged that the death was staged to appear like an accident.
Speaking to the press on January 30,2024, Toto alleged that the Senator was involved in Moi’s death.
Additionally, he went ahead to urge the police to conduct a thorough investigation into the tragic incident.
Also Read: Kenyans React as Khalwale Shows Off His Wives & Sons
Through his lawyers Shadrach Wambui and Danstan Omari, the Senator wrote to Toto, demanding that he retracts his statement against him within 48 hours.
The senator further demanded for Cleophas Shimanyula to pay him Ksh.200 million for the false accusations.
However, Toto defied all requests even after postmortem report from three government pathologists ruled out any foul play in the death.
It is from this defiance that the Kakamega Senator proceeded to file another suit.