Kakamega Senator Boni Khalwale has demanded Cleophas Shimanyula alias Toto to pay him Ksh.200 million for the false accusations regarding the death of his caretaker Kizito Moi Amukune who died on January 28, 2024.
Through his advocate Danston Omari, Khalwale asked Shimanyulu to retract the defamatory statements, in writing, and pay the compensation fee within the next 48 hours.
“Accordingly, our instructions are to demand from you that you confirm to us 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,” Khalwale stated.
“That you accept liability for the defamatory statements published in the impugned article and compensation for our client’s otherwise damaged reputation being not less than Ksh.200 million,” he added.
The Senator threatened to initiate legal action against Shimanyalu if he fails to comply with the demands.
“We have firm instructions to file Court Proceedings against you without any further reference to you.
This shall of course be at your own peril as to costs on a full indemnity basis and other consequences attendant thereto,” said Omari.
Toto’s Accusations
Toto had dismissed Khalwale’s statement that the caretaker was killed by his bull named Inasio at his Kakamega home.
Speaking on January 30,2024, Toto alleged that the Senator was involved in Moi’s death.
He went ahead to urge the police to conduct a thorough investigation into the tragic incident.
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“He has been claiming in the media and on online platforms that the bull killed the worker. However, there are reports, which I can’t confirm as true, that Khalwale is involved in the murder,” Shimanyula told reporters.
However, the Senator insisted that the bull killed Moi with the horns piercing into his chin in one of the observed injuries from the attack.
The Senator explained that he speared the bull, killing it before locals shared its meat to the last piece in line with the traditions of the Luhya community.
Autopsy Absolves Khalwale
A second autopsy conducted by Government pathologist Dr Johansen Oduor confirmed that the worker died after being mauled by a fighter bull.
“What I found is that the late Kizito had injuries, one on the forehead on the right side, and another one on the anterior neck and the inner thigh of the left leg,” stated Oduor.
Oduor conducted the postmortem after allegations emerged that the worker could have been murdered through stabbing with a knife.
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He however dismissed claims of stabbing, stating that the injuries were penetrating and also had some features which included some bruising around them.
“Indeed, I have attended the postmortem. I have written my report and I concur with what Dr Johansen Oduor has stated,” said Dr. James Akhonya, a pathologist at Kakamega General Hospital.
Moi was buried on Monday, February 5 at his home in Mungusi Village, Kakamega County.
