Milimani Court denies businessman’s bid to retrieve passport in Ksh.356M fraud case

Senior Principal Magistrate Dolphina Alego dismissed the request, ruling that Khatwani had failed to present sufficient justification for the release of his travel document, which is currently held in court as part of his bail conditions in a Sh356 million fraud case.

Through his lawyer, Kennedy Echesa, Khatwani had urged the court to permit him to travel to India on Saturday, August 2, 2025, for a 20-day trip, claiming it was for essential and official business tied to his primary source of income.

The prosecution opposed the application, insisting the accused had not shown any change in circumstances that would justify a review of his bail terms. “It is in the interest of justice and public interest that the prayers sought by the accused be declined,” the Director of Public Prosecutions (DPP) submitted, adding that Khatwani had failed to provide evidence proving the necessity of the trip or linking it to official business.

The DPP further argued that the accused should have anticipated any travel requirements at the time of taking plea and raised them then, noting that no new facts had been presented.

Echesa countered that his client was a first-time offender and that the prosecution would not suffer prejudice if the passport was released. Despite the defence’s plea, the court maintained its earlier order requiring the passport to remain deposited in court.