Now, businessman Cleophas Shimanyula, also known as Toto, claims that Kakamega Senator Boni Khalwale's Ksh. Eight hundred million demand for damages for defaming him is unreasonable.
Toto has requested that the case against him be dismissed, stating that the Kakamega Law Courts must hear and decide on a complaint before it can determine his nephew's cause of death.
Court documents state that the applicant is an elected representative of the Kakamega people and should always be available for inspection, oversight, and helpful criticism.
But the businessman withdrew his preliminary objection when the case was called for a hearing.
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The court upheld its earlier order prohibiting Toto from publishing or disparaging the SenatorSenator and ordered the parties to appear for a hearing on May 23.
In the lawsuit, Khalwale seeks Ksh. 800 million in compensation for himself and his three wives, as well as an extra Ksh. 500 million for his seventeen children.
Khalwale had written to Toto through his attorneys, Danstan Omari and Shadrach Wambui, requesting that he withdraw a statement against him within 48 hours.
Following the businessman's failure to retract the statement in which he (Toto) connected Khalwale to the death of his farmhand, Kizito Moi, the SenatorSenator went on to file another lawsuit.
