Kakamega based businessman Cleophas Shimanyula, also known as Toto, has been barred from disseminating defamatory content targeting Kakamega Senator Boni Khalwale and his family, as well as the family of the late Kizito Moi Amukune.
The court order, issued by the Kakamega courts pending a defamation lawsuit filed by Senator Khalwale, specifically prohibits Toto from making defamatory statements or publishing any defamatory content against the aforementioned parties across various media platforms including electronic, print, and digital.
The lawsuit stems from statements made by Toto linking Senator Khalwale to the tragic death of his former employee, Kizito Moi. Senator Khalwale, through his legal representatives, initially requested Toto to retract the defamatory statements within 48 hours. However, Toto failed to comply with the demand, prompting Senator Khalwale to pursue legal action.
The lawsuit seeks damages amounting to Ksh. 800 million, to be distributed among Senator Khalwale, his three wives, and an additional Ksh. 500 million for his 17 children. The legal action was further propelled by the findings of a postmortem report conducted by Chief Government Pathologist Johansen Oduor, which attributed Kizito Moi’s demise to injuries inflicted by Senator Khalwale’s bull.
As the legal proceedings continue, this court order serves as a temporary measure to prevent further dissemination of defamatory content while awaiting the final determination of the case.