Director of Public Prosecutions (DPP) Renson Ingonga has opposed a fresh application by Oki General Trading Limited director, Honey Khatwani, who is facing Sh356 million fraud charges, seeking the release of his passport to enable him travel to Dubai.
The State prosecutor told the trial court that Khatwani had not tabled fresh evidence to justify the release of his travel documents.
The DPP added that the matter had already been determined when the court dismissed his earlier application.
“The applicant has not demonstrated any material change in circumstances since the court’s earlier ruling that would warrant a reconsideration or variation of the existing bail terms. Merely filing the application through a different advocate does not change the substance or legal merit of the application,” the prosecution submitted.
The state further argued: “The invitation letter to Dubai attached to the present application does not itself constitute sufficient or compelling justification to interfere with or vary the terms previously set by the court, particularly in light of the serious nature of the charges facing Khatwani.”
The state maintained that releasing the passport posed a real risk of flight and could compromise the integrity of the ongoing trial, especially since no safeguards had been proposed.
The prosecution also warned that repeated applications without new grounds risked undermining judicial finality and amounted to an abuse of court process.
“The application offends the overriding interests of justice and public confidence in the criminal justice system, especially where the accused seeks preferential treatment not ordinarily accorded to similarly placed accused persons,” the court heard.
Last month, the same court dismissed Khatwani’s initial attempt to secure his passport. In her ruling, Magistrate Dolphina Alego held that the accused, who is also facing a separate Sh356 million fraud case, had failed to provide sufficient justification to alter his bail terms.
“The accused has not demonstrated any change in circumstances that would justify a review of the bail terms,” ruled Magistrate Alego.
Khatwani’s legal team, led by Advocate Kennedy Echesa, had previously argued that he was a first-time offender and that the Dubai trip was critical for his business operations.
He is charged with stealing $2,786,174.40 (approximately Sh356,711,174.40) from OTCL, money alleged to have come into his possession through his employment.
The offence is said to have occurred at Babadogo in Nairobi County between January 1, 2020, and June 30, 2024.
