Kakamega Senator Dr. Bonny Khalwale has issued a 48-hour notice to Kakamega contractor Cleophas Shimanyula, also known as Toto, demanding a public apology or face a defamation lawsuit.
Through his legal representatives, Khalwale wants Shimanyula to admit liability and pay Kes 200 million as compensation to settle the matter or prepare for a defamation suit in which he will be demanding Kes 500 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 Kes 200 million. Failing which he will face a suit of Kes 500 million in the High Court,” Khalwale said.
This comes a week after 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.’
Khalwale speared the bull responsible for the attack soon after the incident by Luhya traditions before locals slaughtered it.
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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 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.
