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Wednesday, February 21, 2024 -Kakamega tycoon Cleophas ‘Toto’ Shimanyula has responded to defamation suit by Senator Boni Khalwale.
Speaking to members of the press from Kakamega Town on Tuesday February 20, the businessman who is accused of defamation by Khalwale, said, though, he is yet to receive any court paper or demand notice officially from anyone, he is prepared to honour summons to attend the court when needed.
He mentioned that he will not tender any apology to the senator as demanded since the truth only resides in the investigations which must be conducted thoroughly and independently.
“I am not going to apologize on anything because what is being referred to as postmortem is the shoddy work carried out hurriedly by the senator who was seemingly the lead investigator,” he said.
Who should be the complainant?
He added that he is the complainant and not Khalwale whom he believes murdered his bull’s caretaker, Kizito Moi Amukune, who was buried weeks ago.
The businessman, therefore, said he is engaged in high level plans to have a South African pathologist flown in to conduct medical investigations on the late Kizito Amukune’s body – who died on a Friday at Khalwale’s rural home and hurriedly cleaned and buried.
He urged the authorities to trade carefully because it defeats logic for the senator to personally clean the scene, subject and to kill the bull which was the only reliable exhibit.
Shimanyula noted that the body of the diseased must, during the court process, be exhumed first before final ruling on the matter filed by Khalwale is declared.
Khalwale Case of 1.3 Billion
Khalwale has since filed a whopping sh 1.3b defamation case against the Western Kenya-based businessman.
On Tuesday February 20, the High Court granted him orders barring the accused from speaking on the matter outside the court.
Shimanyula, has however, argued that the matter should be heard and determined in Kakamega where the incident happened.
“I want to assert that this case will not be heard in Nairobi. Khalwale wants to manage this case from Nairobi where he knows he can easily manipulate the process. This will not happen because the law on jurisdiction is very clear,” Shimanyula explained.
On Tuesday, he told the media that the accused, who is himself, the complainant(Khalwale), the late Kizito( caretaker), and the family of Khalwale all live in Kakamega where the incident took place and it, therefore, lacks logic to take the matter to a Nairobi court, kilometers away.
He has since promised to mount a strong defense on the matter with a promise to win and get compensated by the senator.
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