NAIROBI, Kenya Feb 8 – Kakamega Senator Dr. Bonny Khalwale, through his legal representatives, has issued a 48-hour notice to prominent Kakamega contractor Cleophas Shimanyula, also known as Toto, demanding a public apology or face a defamation lawsuit.
Khalwale wants Shimanyula to admit liability and pay Sh200 million as compensation to settle the matter or prepare for a defamation suit in which he will be demanding Sh500 million.
“We have given Cleophas Shimanyula Toto 48 hours, within which he should tender an apology for defamatory allegations against me & pay a compensation of Ksh 200 million. Failing which he will face a suit of Ksh. 500 million in the High Court,” Khalwale said accompanied his legal team.
Kizito Amukune Moi, a 47-year-old farmhand, tragically lost his life when he was gored by one of Khalwale’s prized fighting bulls, known as ‘Inasio.’
The incident occurred at Khalwale’s residence in Shikhuyu village, Kakamega County last week.
Khalwale speared the bull responsible for the attack soon after the incident in accordance to Luhya traditions before it was slaughtered by locals.
A postmortem by Government Pathologist Dr Johansen Oduor confirmed that the man who had worked for Khalwale, taking care of the bull was killed by the animal. The late farmhand was subsequently laid to rest on Monday.
On Wednesday, Senator Khalwale’s lawyers, Danstan Omari and Shadrack Wambui, addressed journalists at the Milimani Law Courts, asserting that the contractor had defamed their client by implicating him in the death of his former employee, Kizito Moi Amukunje.
In their demand letter, the lawyers stated that both state pathologist Johanson Oduor and Kakamega medical pathologist confirmed that the deceased succumbed to injuries inflicted by a Khalwale’s bull.
They emphasized that during the postmortem, the contractor had the opportunity to present his private pathologist, and the findings were consistent with the cause of death being injuries from the bull.
The contractor is accused of alleging that Senator Khalwale was responsible for the death of the deceased due to alleged illicit relations with Khalwale’s wife. Additionally, the contractor has made disparaging remarks about Senator Khalwale’s wives.
In addition to the apology, Senator Khalwale is demanding 500 million shillings in damages to his family.
The Senator accuses Shimanyula of spreading false and baseless claims disputing the police’s findings in the case of the deceased worker, Moi.
Khalwale who spoke to journalists at Malinya Police Station on Tuesday said Shimanyula had portrayed him as a “murderer” and had made derogatory remarks about his wives in a viral video.
In the video, Shimanyula implied that Moi’s death was not the result of injuries sustained during a bull attack, as concluded by the police, but that he had been stabbed by Senator Khalwale.
Khalwale has denied any involvement in the worker’s death and distanced himself from allegations that he had influenced the police’s investigation report.
Khalwale revealed that the deceased had served as the caretaker for his fighting bulls for the past two decades.
He explained that another employee had discovered Moi’s body in the cowshed while Khalwale was attending to his responsibilities.
After the worker’s death, Shimanyula publicly contested Khalwale’s account of the events, prompting police to conduct a thorough investigation.