A Nairobi court has declined to grant a request by a former director of Oki General Trading, Honey Khatwani, seeking the temporary release of his passport to allow him to travel to India for a 20-day business trip.
Milimani Senior Principal Magistrate Dolphina Alego dismissed the application ruling that Khatwani had failed to present sufficient justification for altering his bail conditions in the ongoing Sh356 million fraud case.
“The accused has not demonstrated any change in circumstances since the bail terms were issued that would warrant a review,” ruled Magistrate Alego.
Khatwani had asked the court to release his passport, claiming the trip scheduled for this month was essential and related to his core business operations.
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His lawyer, Kennedy Echesa, argued that the accused was a first offender and that the prosecution would not suffer any prejudice if the request was granted to have him trade abroad for business.
However, the prosecution through State Counsel Victor Owiti had vehemently opposed the application maintaining that Khatwani was aware of any potential business travel needs at the time of plea taking and failed to raise them then.
“The application lacks merit and does not present any new or compelling grounds. It is effectively a request for the court to review its own lawful orders,” Prosecutor Owiti submitted.
The Director of Public Prosecutions (DPP) also questioned the credibility of the travel plans, noting that Khatwani had not furnished supporting evidence to prove the urgency or necessity of the trip.
Khatwani remains out on bail, but under strict terms that include the deposit of his passport with the court.
The fraud case, involving the alleged misappropriation of Sh356 million is pending hearing at the Milimani Law Courts with key witnesses expected to testify.
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A Nairobi court has declined to grant a request by a former director of Oki General Trading, Honey Khatwani, seeking the temporary release of his passport to allow him to travel to India for a 20-day business trip.
Milimani Senior Principal Magistrate Dolphina Alego dismissed the application ruling that Khatwani had failed to present sufficient justification for altering his bail conditions in the ongoing Sh356 million fraud case.
“The accused has not demonstrated any change in circumstances since the bail terms were issued that would warrant a review,” ruled Magistrate Alego.
Khatwani had asked the court to release his passport, claiming the trip scheduled for this month was essential and related to his core business operations.
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His lawyer, Kennedy Echesa, argued that the accused was a first offender and that the prosecution would not suffer any prejudice if the request was granted to have him trade abroad for business.
However, the prosecution through State Counsel Victor Owiti had vehemently opposed the application maintaining that Khatwani was aware of any potential business travel needs at the time of plea taking and failed to raise them then.
“The application lacks merit and does not present any new or compelling grounds. It is effectively a request for the court to review its own lawful orders,” Prosecutor Owiti submitted.
The Director of Public Prosecutions (DPP) also questioned the credibility of the travel plans, noting that Khatwani had not furnished supporting evidence to prove the urgency or necessity of the trip.
Khatwani remains out on bail, but under strict terms that include the deposit of his passport with the court.
The fraud case, involving the alleged misappropriation of Sh356 million is pending hearing at the Milimani Law Courts with key witnesses expected to testify.
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By Nancy Gitonga