Kakamega Senator Boni Khalwale has threatened to institute a Sh500 million legal suit against businessman Cleophas Shimanyula should he fail to commit to compensating him Sh200 million within 48 hours.
The senator has accused the businessman of defaming him while commenting on the cause of death of his late farmhand Kizito Moi.
In a statement on Wednesday, the senator said Shimanyula, popularly known as Toto, should render a written apology before the expiry of the ultimatum or be dragged to court for the said amount.
"Today at the High Court of Kenya, we have given Cleophas Shimanyula Toto 48 hours, within which he should tender an apology for defamatory allegations against me and pay a compensation of Sh200 million. Failing which he will face a suit of Sh500 million in the High Court," Khalwale said.
Toto allegedly made defamatory remarks against the senator regarding Moi's cause of death which occurred at the lawmaker's rural home in Malinya, Kakamega county.
Moi was gored to death by Khalwale's fighter bull on Sunday, January 28, but Toto alleged that he was stabbed to death.
However, two separate autopsies conducted on the body including one by Government Pathologist Johansen Oduor ruled out foul play in the death.
"Looking at injuries, they were penetrating and had some features that included some blue bruising around them, and to look at them closely, they look like injuries that were caused by something that was penetrating but not very sharp and was a bit blunt, which is in keeping with the horn of an animal," Oduor said after the second postmortem conducted on February 3 at the Kakamega County Funeral Parlour.
"So from all these findings, we can conclude that indeed the initial autopsy was correct and it was caused by an animal rather than something that has stabbed the person like what was being alleged that it was a knife or something like that."
On Tuesday, Khalwale officially filed a complaint at Malinya Police Station vide OB No. 7/6/02/2024 as part of legal proceedings against Toto.
He termed claims by the businessman "wild, baseless, unfounded and false" and through his advocate Danstan Omari, demanded a written apology within 48 hours and a commitment to pay him Sh200 million.