The prosecution has opposed an application by former director Honey Khatwani seeking the release of his passport in connection with a KSh 356 million fraud case.
In documents filed before Magistrate Dolphina Alego, the prosecution argues that Khatwani has not provided sufficient justification for the court to reconsider its earlier bail terms. Specifically, the prosecution contends that the accused has failed to demonstrate any change in circumstances that would warrant the release of his travel documents.
“The interests of justice and public interest would best be served by declining the accused’s request,” stated the Office of the Director of Public Prosecutions (ODPP) in its response.
The prosecution further submitted that Khatwani has not provided credible evidence supporting his claim that he is required to travel to India on Saturday, August 2, 2025, for a 20-day official business trip. According to the ODPP, the application effectively amounts to an appeal for the court to revisit and overturn its previous bail conditions without a valid basis.
It was further argued that Khatwani should have raised any potential need for international travel at the time of his plea. As no such claim was made then, the prosecution maintains that the current application does not present any new facts or a change in circumstances.
“The accused was or ought to have been aware of any business-related travel requirements at the time of plea. His failure to disclose this then means the present claim cannot be considered a new development,” the prosecution stated.
In his application, Khatwani, through his lawyer Kennedy Echesa, maintains that the request is made in good faith. Echesa told the court that his client is a first-time offender and that the prosecution would suffer no prejudice if the passport were released.
“My client needs to travel to India on August 2, 2025, for a 20-day essential business trip, which forms the primary source of his livelihood,” Echesa submitted.
Magistrate Dolphina Alego is expected to deliver a ruling on the application on August 11, 2025.
