Khalwale wins round one in defamation suit against Kakamega tycoon

Court issues temporary orders barring Cleophas Shimanyula from posting any defamatory remarks against the Senator

In Summary
  • Lady Justice Janet Mulwa further transferred the matter to Kakamega High Court as the events leading to its filing happened at the said county.
  • She listed the matter for hearing on March 19.
Lawyer Danstan Omari and Shadrack Wambui for Kakamega senator Boni Khalwale addressing journalists outside Milimani Law Courts on February 19, 2024
Lawyer Danstan Omari and Shadrack Wambui for Kakamega senator Boni Khalwale addressing journalists outside Milimani Law Courts on February 19, 2024
Image: DOUGLAS OKIDDY/FILE

The High Court has issued a temporary order barring businessman Cleophas Shimanyula from posting and publishing any defamatory remarks against Kakamega Senator Boni Khalwale and his family relating to the death of his employee Kizito Moi Amukune.

Lady Justice Janet Mulwa further 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.

She listed the matter for hearing on March 19.

Khalwale filed the case at the Milimani Law Courts on Monday after demands he had made against the businessman among them an unconditional apology were not met.

Through his advocate Danstan Omari, Khalwale told the court that he has been subjected to multiple defamatory remarks steered by Cleophas over the past few weeks.

He claims the businessman has been spreading malicious rumours about him relating to the death of his late employee.

"Despite demands for retraction and unconditional apology, Cleopas has failed to comply and instead conducted further interviews with defamatory claims, thereby necessitating legal action," read his court documents in part.

Khalwale said the remarks have caused him immense emotional distress and continue to expose him and his entire family to public ridicule.

Kizito's body was discovered at the stable of a bull that he is said to have tended to for over 20 years.

The body had multiple injuries believed to have been inflicted by the fighter bull.

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