The High Court has barred Kakamega tycoon Cleophas Shimanyula aka Toto from posting on any platform any defamatory statement against Senator Boni Khalwale regarding his worker’s death

Lady Justice Janet Mulwa transferred the defamatory case to Kakamega High Court where the events leading to its filing happened.

The Judge noted that Khalwale is Senator of Kakamega and it is in the interest of justice and territorial jurisdiction of the court, to transfer the suit for hearing and determination at the High Court at Kakamega.

“Pending the inter-partes hearing and determination of this application, has issued 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,”reads  the order by the Judge.

In the suit, Khalwale is seeking sh 200 million as damages from the businessman for allegedly defaming him.

Through lawyer Danstan Omari, the senator claims over the past few weeks, he has been subjected to orchestrated attacks steered by the businessman with false and malicious accusations that he murdered his employee of 20 years the Late  Kizito Moi Amukune.

He claims that his family has been subjected to multiple defamatory statements accusing one of his wives of infidelity and further accusations that his children were sired out of an llicit affair with the deceased, Late  Kizito Moi Amukune.

“Despite two post-mortems being conducted the results of which have been made public by the Chief Government Pathologists, the defendant(Toto)  has continued to utter defamatory statements against me and my family,” he said in court documents.

The senator accuses the businessman of willful and malicious intent and orchestrating the publication of false and defamatory statements through various mainstream and social media platforms.

“The defendant maliciously accused me of murder in an attempt to depict me as an irate and hot-tempered individual, embarrassing my family and undermining my position as the Senator for the great people of Kakamega County, and as the Majority Chief Whip of the Senate. Furthermore, by maliciously and falsely accusing me of interfering with the investigations has depicted me as corrupt and untrustworthy,” he says in court documents.

It is his case that despite demands for retraction and an unconditional apology, Toto  has failed, neglected and ignored to comply within the stipulated timeframe and further continues to conduct additional public interviews with defamatory claims, thereby necessitating legal action.

Khalwale says Toto’s continued willful attacks through malicious statements against his wives and children some of whom are minors and who unlike him have remained shielded from the public eye has caused them immense emotional distress and exposed them to public ridicule.