Businessman Cleophas Shimanyula, alias Toto, now claims that Kakamega Senator Boni Khalwale's demand for Ksh.800 million in damages for defaming him is unjustified.Toto has asked the court to dismiss the case against him, stating that the death of his nephew can only be determined after a complaint is heard and resolved at the Kakamega Law Courts.
“The applicant is an elected representative of the people of Kakamega who should always present himself for scrutiny, oversight and constructive criticism, “reads court papers.
However, when the matter was heard, the businessman's preliminary objection was withdrawn.
The court ordered the parties to appear for a hearing on May 23rd and extended its earlier order restricting Toto from publishing or defaming the senator.
Khalwale's suit seeks Ksh.800 million for himself and his three wives, as well as Ksh.500 million for his 17 children.
Khalwale had earlier written to Toto through his lawyers, Danstan Omari and Shadrach Wambui, demanding that he retract a statement against him within 48 hours.
After the businessman refused to retract his statement linking Khalwale to the death of his farmhand, Kizito Moi, the Senator filed another lawsuit.
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