Written By Were Kelly
The High Court has declined to hear an appeal by OKI General Trading Limited director, Honey Khatwani, seeking permission to travel to India for business, citing the ongoing court recess.
Justice Mungai ruled on Wednesday that the application could not be entertained at this stage and directed Khatwani to serve the Director of Public Prosecutions (DPP) with the application. The matter will be mentioned after the court resumes session.
“I will not grant the orders sought at the moment because the court is in recess,” Justice Mungai stated.
Khatwani moved to the High Court after Milimani Chief Magistrate Dolphina Alego rejected his initial request to travel abroad, citing insufficient grounds to warrant the release of his passport.
In her ruling, Magistrate Alego noted that the accused had failed to demonstrate any change in circumstances that would justify a review of his bail terms.
She further held that Khatwani had not provided evidence showing he was required to travel to India on Saturday, August 2, or that the proposed 20-day trip was essential for his business operations.
Through his lawyer, Kennedy Echesa, Khatwani argued that the lower court failed to consider that he is a first-time offender with no history of being a flight risk.
Echesa maintained that denying him the opportunity to travel would cause irreparable harm to his business, which heavily depends on international transactions requiring his physical presence in India.
Honey Khatwani is facing charges of defrauding his own company of over Ksh356 million.
The OKI General Trading Limited director was arraigned before Milimani Principal Magistrate Dolphina Alego, where he was charged with stealing $2,786,174.40 (approximately Ksh356,711,174.40) between January 1, 2020, and June 30, 2024, at Barbado, Nairobi County.
During his bail application, Khatwani pleaded for leniency, insisting he is not a flight risk and highlighting that his family resides in Kenya.
However, the prosecution opposed any relaxation of bail conditions, arguing that the magnitude of the alleged fraud increased the likelihood of Khatwani absconding trial.
They also requested the surrender of his travel documents to ensure compliance with court orders.
The case will be mentioned after the High Court recess, where Khatwani’s travel application is expected to be revisited.
