Kakamega Senator Bonny Khalwale has moved to the high court seeking compensation of Sh 200 million damages from defamatory utterances by a renown western region businessman Cleophas Shimanyula AKA Toto.
Through his lawyers led by Danstan Omari, Khalwale says they gave Toto 48 hours to apologize his utterances which was further published in social media tending to injure the reputation of the politician.
Omari said that rather than apologizing to Khalwale he aggravated the offense by courageously continuing to publish and circulating the defamatory statements on social media.
This arose after the death of Kizito Moi Amukune a senator’s employee of more than 20 years who as a result of injuries inflicted by the bull he was attending to, Toto according to his publications referred Khalwale as a man of anger and he killed Kizito by stabbing him with a knife severally,
“Khalwale is a medical doctor by professional and a renown leader with integrity who was elected by more than 249,000 votes and framing him as a murderer will not only injure his reputation but also the people of Kakamega who elected him,” said Omari.
The late Kizito Moi Amukune was the employee of the senator for a period of two decades and was killed by the bull he was taking care of on January 28, 2024.
Toto recorded a video and printed the defamatory statements on social media accusing the senator to have killed his worker after realizing that he was in a secret love affairs with one of the senator’s wives.
After the incident, in appreciation of the gravity of the situation, Khalwale invited his home area officer Commanding the Station who responded swiftly together with other officers including Malinya Directorate of Criminal Investigation who came and cordoned the scene of the incidence, took videos and photos to equip them with sufficient information during their Investigation.
The police officers sought assistance from the villagers and the senator to help them remove the remains of Kizito from the cow shed, where they put it on a cleaner surface, poured water on the lifeless body to make it easier for transportation to the morgue.
The body was then taken at Kakamega county mortuary awaiting for professionals to help on unearthing to the family the course of his death.
On January 29, 2024, postmortem was conducted by Dr. Dickson Muchama the Kakamega pathologist in the presence of Fredrick Mahanji brother to the deceased, Mr. Morris Amukune ancle to the deceased mortuary attendants together with Mr. Bucinei an officer from the DCI and other officers.
The postmortem concluded that the deceased died due to excess bleeding due to multiple injuries from the attack by the bull.
On February 3, 2024 the government pathologist Dr. Johansen Oduor conducted another postmortem to the body and found the same findings with Dr. Dickson Muchama.
Despite concurrent findings by the four doctors, Shimanyula continued to insist better judgement and experience that the late was murdered by the senator using a knife after discovering that the deceased had a romantic affairs with one of his wives.
Toto also recorded a video which is circulating on social media claiming some of the children from the senator are not his and a need for DNA test for confirmation.
The following sentiments and other offending statements were made and continued to lead and champion in publications he made while knowing the allegations to be untrue.
Due to the verbal offending statements he relentlessly to cause their widespread the senator has become a subject of spite public odium and is now treated with suspicion by many counties and national government officials as well as individuals and groups that previously respected and regarded him highly.
Addressing the journalists in the Milimani law court, Omari said that they are instructed to file a demand letter within 48 hours demanding a ransom of Sh 200 million to each of the three surviving wives plus 500 million to the 17 children of the senator.
The total compensation of the damages caused by Toto is adding up to Sh 1.5 billion and if the court finds Toto guilty to the offense, he will have no option but to pay the politician.
He says that he want this to be a lesson to the contractor and Kenyans in general whenever one tends to injure someone’s reputation.