Kakamega Senator Boni Khalwale has won the first round in his defamation suit against Businessman Toto as the court restrained the later from posting anything related to employee Kizito Moi.
Kizito was killed by the legislator’s bull in an accident but Toto has issued several statements to the media claiming Khalwale was the one who killed him for allegedly fathering most of his children.
Justice Janet Mulwa has issued a restraining order against Toto after Khalwale sued him for defamation and asked the court to bar him from further posting defamatory statements.
“ A temporary injunction restraining the defendant either by themselves, legal representatives, their servants, agents or anyone acting under their authority from posting on any electronic or print media, internet, digital web page and/or in any media platform or any other platform wheresoever or publishing or disseminating any manner whatsoever the defamatory words, statements 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,” the order reads.
Justice Mulwa has also transferred the case to Kakamega high court saying all the events leading to the suit took place in Kakamega.
“In the interest of justice and territorial jurisdiction of the court, I find it prudent to transfer this suit for hearing and determination at the high court at Kakamega,” the judge ruled.
Khalwale sued Toto through lawyer Danstan Omari saying the false and malicious accusations that he murdered Kizito has subjected him to attacks.
Omari said Khalwale’s family has been subjected to multiple defamatory statements accusing one of his wives of infidelity and further accusations that his children were sired out of an llicit affair with the deceased, Late Kizito Moi Amukune.
“Despite two post-mortems being conducted the results of which have been made public by the Chief Government Pathologists, the Defendant herein has continued to utter defamatory statements against the Applicant and his family,” reads court papers.
According to court papers, Toto has refused to apologize and retract the defamatory posts he made.
“Toto’s continued willful attacks through malicious statements against Khalwale’s wives and children some of whom are minors and who unlike the him have remained shielded from the public eye has caused them immense emotional distress and exposed them to public ridicule,” reads court documents.
Khalwale wants the court to stop Toto from further publishing any defamatory statements against him and his family.
“There is reasonable apprehension that the Applicant and his family are likely to suffer significant irreversible and unforgettable reputational harm which would not adequately be compensated by an award of damages,” reads court papers.
