Khalwale threatens Sh200m defamation suit over farmhand's death
In official court documents signed by his lawyer, Dunstan Omari, Khalwale gave Shimanyula a 48-hour deadline to retract the defamatory statements in writing.
Kakamega Senator Boni Khalwale has threatened to sue businessman Cleophas Shimanyula for Sh200 million for allegedly issuing derogatory statements following the recent death of his farmhand.
Khalwale filed the case on Tuesday, following an autopsy confirming that the farmhand, Kizito Amukune Moi, succumbed to injuries sustained from a bull attack.
In official court documents signed by his lawyer, Dunstan Omari, Khalwale gave Shimanyula a 48-hour deadline to retract the defamatory statements in writing.
“Accordingly, our instructions are to demand from you that you confirm to us in writing, within the next 48 hours that you shall immediately, but in any event not later than 48 hours from the date hereof, publish an unqualified retraction of all the defamatory statements and an unconditional apology that should achieve similar prominence as the offending scandalous statements,” Khalwale stated.
“That you accept liability for the defamatory statements published in the impugned article and compensation for our client’s otherwise damaged reputation being not less than Sh200 million.”
Khalwale's legal team warned that failure to comply with the demands would result in legal action against Shimanyula.
“We have firm instructions to file court proceedings against you without any further reference to you. This shall of course be at your peril as to costs on a full indemnity basis and other consequences attendant thereto,” said Omari.
Moi, who cared for Khalwale’s famed fighting bulls, was found dead at the senator’s Ikolamani residence on January 28. His body had multiple injuries caused by bull horns.
The Directorate of Criminal Investigations (DCI) subsequently launched investigations into the incident.
On February 3, Government Pathologist Johansen Oduor, after conducting an autopsy, allayed fears of a murder and possible cover-up.
Kizito was buried in Mungusi village, Kakamega East, on February 5, 2024.
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