Complainants in the Sh356 million fraud case involving businessman Honey Khatwani have received a major boost after a Nairobi court rejected his request to travel outside the country.
Milimani Senior Principal Magistrate Dolphina Alego declined Khatwani’s application seeking the release of his passport, ruling that he had not provided sufficient reasons to justify changing his bail conditions.
Court rejects passport release request
Khatwani, a director of Oki General Trading, had asked the court to release his passport so he could travel to India for 20 days.
Through his lawyer Kennedy Echesa, Khatwani told the court that the trip was necessary for essential business engagements.
He argued that he had complied with his bail conditions and that the prosecution would not suffer any prejudice if the court allowed him to travel.
However, the court found that his application lacked sufficient justification.
Prosecution opposes travel request
The Office of the Director of Public Prosecutions (ODPP) opposed the application, arguing that Khatwani had not shown any new circumstances requiring a review of his bail terms.
The prosecution told the court that the accused had already known that his business activities might require international travel when the court ordered him to surrender his passport.
“It is in the interest of justice and public interest that the prayers sought by the accused be declined,” the DPP stated.
The state argued that allowing the request would amount to reviewing the court’s own orders without valid grounds.
Defence argues for business travel
Khatwani’s lawyer maintained that his client needed the passport to attend to important business matters in India.
Echesa told the court that Khatwani was a first-time offender who had followed all bail requirements.
“My client is a first offender and prosecution will suffer no prejudice if the accused passport is released,” Echesa said.
The defence argued that the travel was important because it affected Khatwani’s main source of livelihood.
Fraud case continues in court
The Sh356 million fraud case against Khatwani remains pending before the court.
The prosecution has accused him of involvement in a financial fraud scheme, allegations he has denied.
The court’s decision means Khatwani will continue complying with the existing bail terms as the trial proceeds.
For the complainants, the ruling represents a significant step in their efforts to ensure that the accused remains available throughout the court process.
