DPP opposes trader's bid to have passport released in Sh357m fraud case

Honey Khatwani before Milimani senior principal magistrate Dolphina Alego on Tuesday August 5, 2025 2025

A bid by a former company director charged with Sh357 million fraud to be allowed to travel to India has run into opposition, with the prosecution urging the court to reject the application.

Honey Khatwani was on Monday, June 23, charged with stealing Sh357 million from his company, Oki General Trading Limited.

He pleaded not guilty to the theft and was released on bond with tough conditions including depositing his passport in court.

However, he now wants to travel to India and has asked the court to release his passport for the trip.

But the state has opposed the application, arguing that the accused has provided no basis justifying the release of the passport as sought.

The Director of Public Prosecutions says Khatwani has not established any change of circumstances warranting the review of the bail terms as sought in his application.

“It is in the interest of justice and public interest that the prayers sought by the accused be declined,” the prosecution told trial magistrate Dolphina Alego.

The state argues that the accused has not provided evidence to show that he was required to travel to India on Saturday, August 2, 2025, for 20 days for essential and official business engagements.

Such application, the DPP says, is like asking the court to review its conditions on bail and bond.

The prosecution said the accused was at the time of the plea, already aware or should have been aware of his business travel needs.

“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 the accused application for the review of the order to deposit his passport, as the order was made with his knowledge that his business would at times require such travels,” the prosecution said.

However, Khatwani, through lawyer Kennedy Echesa, maintained that his application was made in good faith.

“My client is a first offender and prosecution will suffer no prejudice if the accused's passport is released,” Echesa said.

He said the accused is required to travel to India for 20 days for essential business as his primary source of livelihood.

The court will rule on the application next week on August 11.

Khatwani is an Indian national who lives in Kenya with his family and worked as a director at Oki General Trading Limited in Baba Dogo within Ruaraka constituency.

The charge sheet shows that on diverse dates between January 2020 and June 2024, being a director at Oki General Trading Limited, he stole Sh356,711,174.4, the property of the firm which came into his possession by virtue of his employment.