Kakamega Senator Boni Khalwale has made true his threat to sue Kakamega tycoon Cleophas Shimanyula alias Toto for defaming him following the death of his worker last month.
Through lawyer Danstan Omari, Khalwale is seeking sh 200 million as damages from the businessman for allegedly defaming him.
In suit papers, 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.
The senator wants the court to issue a temporary injunction restraining the businessman from posting on any defamatory statement against him regarding the worker’s death pending the hearing of the case.