A Kakamega-based businessman sued by Senator Boni Khalwale has filed a preliminary objection to bar the court from hearing or awarding the senator up to Sh1.3 billion in damages.
Cleophas Shimanyula said that it would not be in the interest of justice to give the senator the amount before certain issues surrounding the alleged defamation were handled.
Through his lawyer Ken Echesa, Shimanyula wants the court to stop the hearing until the Directorate of Criminal Investigation (DCI) Malinya, appraises the businessman with the status of ongoing investigations into the untimely death of Kizito Amukune alias Moi in January, a bull caregiver of Dr Khalwale, a matter that led him to utter the alleged defamatory words.
"We are in the process of formally requesting for the exhumation of Amukune's body for a second post-mortem to be conducted by a private pathologist to know who or what really killed him," said Echesa.
"We are also demanding that anyone who interfered with the bull that allegedly gored him (Moi) to death or the crime scene must be brought to book before the case goes on."
In response, Senator Khalwale's lawyer, Danstan Omari said Shimanyula filed the objection as a delaying tactic.
He asked the court to strike it out with cost saying the senator was optimistic that the court would rule in their favour since his evidence was watertight.
Khalwale had initially filed the case against Shimanyula at the Milimani Law Courts in Nairobi, but it was transferred to the Kakamega Law Courts for hearing as all parties reside in Kakamega.
He demanded Sh1.3 billion compensation for alleged defamation claiming that the Kakamega-based businessman defamed him and his family.
The senator accused the businessman of allegedly profiling him as a killer and giving the impression that his wives were prostitutes in a video that went viral.
Shimanyula alleged that Khalwale had a hand in the death of Amukune whose body was discovered in the cowshed on January 28.
