The High Court has granted a temporary order preventing businessman Cleophas Shimanyula from posting and publishing any defamatory remarks against Kakamega Senator Boni Khalwale and his family.
Dr. Boni Khalwale filed a lawsuit against the businessman, also known as Toto, for alleging that he murdered his long-serving employee.
The employee, Mr. Kizito Moi Amukune, was found dead in a cow shed on January 28, and a postmortem examination indicated that he died from excessive bleeding due to injuries inflicted by a bull.
Aside from seeking permanent orders to restrain Mr. Shimanyula from publishing or disseminating defamatory statements or connecting him to the death of the employee, Khalwale is also pursuing damages of Kes. 200 million and an unconditional apology.
Through his advocate Danstan Omari, Khalwale said the businessman’s remarks caused him immense emotional distress and exposed him and his entire family to public ridicule.
In court, Lady Justice Janet Mulwa additionally transferred the matter to Kakamega High Court as the events leading to its filing happened at the said county.
“The plaintiff too is the Senator of Kakamega. In the interest of justice and territorial jurisdiction of the court, I find it prudent to transfer this suit for hearing and determination at the High Court at Kakamega,” the Judge said.
Justice Mulwa listed the matter for hearing on March 19.
