High Court Judge issues orders on Boni Khalwale defamation suit against businessman Cleophas Shimanyula
Kakamega Senator Boni Khalwale has received a reprieve after the High Court issued a temporary order prohibiting his nemesis, Cleophas Shimanyula, alias Toto, from further defaming him.
The court ordered the controversial businessman to refrain from speaking ill of Khalwale until the Senator’s matter is heard and determined.
High Court in Nairobi Judge Janet Mulwa also ordered that the matter be transferred to the High Court in Kakamega.
Khalwale filed a defamation suit against Toto, accusing him of making statements that implied he was involved in the death of his fighter bull trainer, Tamala Kizito Moi Amukune.
Toto also made sensational claims, portraying Khalwale’s three wives as unfaithful to the Senator in viral video clips.
The Senator is seeking at least KSh 1.3 billion in damages from Toto after postmortem results on Amukune’s body proved his innocence.
He filed the lawsuit with Danstan Omari, the lead attorney for his legal team. Khalwale’s prayers included gagging Toto to prevent any further defamation of the senator.
“That pending the inter-partes hearing and determination of this application, this honourable 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 posting 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 in any manner whatsoever the defamatory words, statements, or content or any similar words, 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,” Khalwale requested.
The court granted the order temporarily, pending the case’s hearing and determination.
Khalwale has been involved in a legal dispute with Toto, who he claims has continued to cause emotional distress for him and his family through his accusations.
Cleophas Shimanyula, alias Toto, declines to apologise to Khalwale
“Despite demands for retraction and an unconditional apology, Cleophas has failed to comply and has instead conducted further interviews with defamatory claims, thereby necessitating legal action,” read the papers in court.
Khalwale had given Toto a 48-hour ultimatum to issue an unconditional apology to his four wives and 17 children or institute legal proceedings against him. The matter will be heard on March 19 in Kakamega.
“The court notes that all the events leading to the filing of the suit and the instant motion took place in Kakamega county. The plaintiff, too, is the Senator of Kakamega county. In the interest of justice and the territorial jurisdiction of the court, I find it prudent to transfer this suit for hearing and determination at the High Court in Kakamega, “Mulwa directed.
Toto refused to be intimidated by Khalwale’s threat to sue him.
He claimed he was wealthy and could pay the Senator whatever he required.
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High Court Judge issues orders on Boni Khalwale a defamation suit against businessman Cleophas Shimanyula
