The matter came before Milimani Senior Principal Magistrate Dolphina Alego, where the Director of Public Prosecutions (DPP) argued that Khatwani had failed to provide sufficient reasons to warrant a review of his bail conditions.
Prosecution challenges passport release request
The prosecution told the court that Khatwani had not presented evidence showing why he needed to travel to India.
According to the DPP, the accused failed to demonstrate that the planned 20-day trip was necessary for official business engagements.
The state argued that releasing the passport would amount to reviewing bail conditions that the court had already set.
“It is in the interest of justice and public interest that the prayers sought by the accused be declined,” the DPP submitted.
DPP says no change in circumstances shown
The prosecution argued that Khatwani was aware of his business travel needs when the court issued orders requiring him to deposit his passport.
The DPP said the accused had not presented any new facts or changes in circumstances that would justify altering the bail terms.
The state maintained that the passport requirement was imposed with full knowledge that Khatwani may need to travel for business.
Khatwani seeks passport for India trip
Through his lawyer Kennedy Echesa, Khatwani asked the court to release his passport, arguing that he needed to travel to India for essential business activities.
The lawyer told the court that Khatwani was a first-time offender and had complied with the bail conditions.
“My client is a first offender and prosecution will suffer no prejudice if the accused passport is released,” Echesa submitted.
He added that the travel was important because business activities were his main source of livelihood.
Court to rule on application
Khatwani is facing a Sh356 million fraud case and is currently out on bail.
The court is expected to deliver a ruling on the application seeking the release of his travel documents on August 11, 2025.
The decision will determine whether Khatwani will be allowed to access his passport while the fraud case continues.
