Kakamega businessman Cleophas Shimanyula, famously known as Toto, has been barred from posting defamatory words or statements about Kakamega senator Boni Khalwale, his family, and the family of late Kizito Moi Amukune, who died last month after being attacked by a bull.
The ruling will remain in effect while the Kakamega Senator pursues a slander lawsuit against Toto.
“Pending the inter-partes hearing and determination of this application, this honourable court be pleased to issue a temporary injunction restraining the defendant either by themselves, legal representatives, their servants, agents or anyone acting under their authority from or content or any similar words or statements or content of like effect arising from or relating to the Applicant, his family and/or his former employee, the Late Kizito Moi Amukune," reads the order.
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In the lawsuit, Khalwale seeks Ksh.800 million for himself and his three wives and Sh500 million for his 17 children.
Danstan Omari and Shadrach Wambui, Toto's lawyers, had already written to him, requesting that he recant a remark against him within 48 hours.
The Senator filed another suit when the businessman failed to retract his remarks in which he (Toto) linked Khalwale to the death of his farmhand, Kizito Moi.
According to a postmortem report conducted by Chief Government Pathologist Johansen Oduor, Moi died as a result of injuries caused by Khalwale's bull.
