Senator Boni Khalwale has secured a legal victory as the High Court issues a temporary restraining order against his adversary, Cleophas Shimanyula, aka Toto.
Boni Khalwale Sues Businessman Shimanyula For Defamation
The court, presided over by Judge Janet Mulwa, has directed Toto to refrain from defaming Khalwale until the full case is heard, with the matter being transferred to the High Court in Kakamega.
Khalwale filed a defamation suit, seeking a minimum of KSh 1.3 billion in damages from Toto. The allegations stem from remarks implicating Khalwale in the death of his bull trainer, Tamala Kizito Moi Amukune, and scandalous claims about the senator’s wives. The court has temporarily granted Khalwale’s plea, preventing further defamation until the case is resolved.
“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.
In this legal saga, postmortem results on Amukune’s body reportedly vindicated Khalwale, prompting the substantial damages claim. Lead lawyer Danstan Omari heads Khalwale’s legal team, emphasizing the senator’s demand for a halt to Toto’s defamatory statements.
Cleophas Shimanyula, alias Toto, refuses 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.
The ongoing legal battle portrays Khalwale’s efforts to shield himself and his family from emotional distress caused by Toto’s persistent accusations. Despite the legal developments, Cleophas Shimanyula, alias Toto, remains unapologetic in the face of Khalwale’s demands.”
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.