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The Nairobian

Boni seeks Sh800m for self, wives in Sh1.3b defamation case

Western

By Mary Imenza | Oct 04, 2024

Kakamega Senator Bonny Khalwale accompanied by among others his lawyer Danstan Omari outside Milimani law courts on Monday, February 19,2024 when he filed a case against Kakamega based businessman Cleophas Shimanyula alias Toto over his publicizing defamatory content in the social media on the death of Khalwales farm worker who had worked for him for 21 years and who was killed by one of his fighting bulls in January. [Collins Kweyu,Standard]

The High Court in Kakamega has scheduled the hearing for Kakamega Senator Boni Khalwale's defamation case against businessman Cleophas Shimanyula for January 27 next year.

Khalwale is seeking Sh1.3B in damages.

Justice Chirchir Chebet ordered that Khalwale, represented by lawyer Danston Omari, serve Shimanyula with written submissions related to the defamation case within 14 days from Thursday, allowing Shimanyula to prepare his defence.

This decision followed Mr. Omari's request for priority in the case, emphasising the significant damage the alleged defamation has inflicted on Khalwale's reputation.

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"Your Honor, we understand the court's calendar is congested, but we respectfully request a closer hearing date, as we have served the defendant with all the necessary documents," he stated. "We aim to bring this matter to a close so that justice is both served and seen to be served."

Shimanyula did not object to the court's directives and expressed his commitment to comply.

In his suit, Khalwale claims Shimanyula defamed him and his family by portraying him as a killer and suggesting that his wives were involved in prostitution through a viral video.

He demanded Sh800 million to be shared between himself and his three wives and an additional Sh500 million for his 17 children.

In turn, Shimanyula filed an application alleging that Khalwale was implicated in the death of Moi Amukune, his farmhand responsible for caring for bulls, whose body was found in a bull shed on January 28.

He said that it would not be in the interest of justice to give the senator the amount before certain issues surrounding the alleged defamation were handled.

Through his lawyer Ken Echesa, Shimanyula wanted the court to stop the hearing until the Directorate of Criminal Investigation (DCI) Malinya, appraises the businessman with the status of ongoing investigations into the death.

"We are in the process of formally requesting for the exhumation of Amukune's body for a second post-mortem to be conducted by a private pathologist to know who or what really killed him," said Shimanyula in his court pleadings.

"We are also demanding that anyone who interfered with the bull that allegedly gored him (Moi) to death or the crime scene must be brought to book before the case goes on.”