An attempt by the accused Honey Khatwani embroided in Sh 356M fraud to have his passport released has been opposed.
In an application filed before magistrate Dolphina Alego,the prosecution has argued that the accused has provided no basis justifying the release of the passport as sought,as he has not established any change of circumstates warranting the review of the bail terms as sought.
“It is in the interest of justice and public interest that the prayers sought by the accused be declined,”said the DPP in his application.
The DPP has informed magistrate Dolphina Alego that the accused has not provided evidence to show that he is required to travel to India on Saturday August 2,August 2025 nor for 20 days for essential and official business engagements.
Such application,the DPP says its like asking the court tonreview its conditions on bail to review its own orders.
The prosecution has argued that the accused was at the time of the plea ,already aware or should have been aware of his business travel needs,if any ,at the time of plea.
As the same was not raised during plea,it cannot be a new fact or a change in circumstances neither is there a suggestion of a new fact in support of t.he Accused application for the review of the order to deposit his passport,as the order was made his knowledge that his business would at times require such travels.
In his application seeking to have travel documents released by court,he claims that his application is made in good faith.
“My client is a first offender and prosecution will suffer no prejudice if the accused passport is released,”added Khatwani through his lawyer Kennedy Echesa.
Echesa said the accused is required to travel to India on August 2,2025 for 20days for esssential business as his primary source of livelihood.
Ruling on this application will be delivered on August 11,2025.
