Honey Khatwani: Man Charged with Stealing KSh 357m from Own Company Seeks 20 Days to Visit India
- Honey Khatwani was arrested and charged with the offence of stealing KSh 357 million from his own company
- He was released from custody on July 24, on cash bail under the condition that he leave his passport with the court
- However, weeks later, Khatwani went back to court, explaining why he needed his passport to travel to India
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Honey Khatwani, an Indian businessman charged in a KSh 357 million fraud case, has sought to be allowed to travel to India for official business.
Source: Original
In an application filed by his lawyer Kennedy Echesa, Khatwani is seeking to retrieve his passport from the court, where it is currently being held.
The businessman intended to travel on August 2, for 20 days and had pledged to return the passport to the court immediately upon his return.
What was Honey Khatwani charged with?
Khatwani was arrested and arraigned in court on June 23 and charged with the offence of stealing by a director.
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He was released the following day, June 24, on a cash bail of KSh 5 million under the condition that he deposits his passport with the court.
His lawyer stated that Khatwani has fully complied with all terms and conditions of his bond and bail to date.
He further submitted that Khatwani is a businessman whose livelihood depends on proceeds from his business, and that he was required to travel to India on Saturday, August 2, for 20 days for essential and official business engagements.
Echesa emphasised that Khatwani is not a flight risk, noting that he is a first-time offender.
Did DPP oppose Khatwani's passport request?
However, the application was opposed by the Director of Public Prosecutions (DPP), who argued against the temporary release of the passport.
The DPP stated that the accused has provided no basis justifying the release of the passport, as he has not demonstrated any change of circumstances that would warrant a review of the bail terms.
The DPP further pointed out that Khatwani has not presented any evidence to support his claim that he is required to travel to India on official business engagement.
“The accused, at the time of the plea, was already aware or should have been aware of his business travel needs, if any. Since the issue was not raised during the plea, it cannot now be introduced as a new fact or change in circumstances to justify revision of the bail terms,” the prosecution submitted.
They also added that the order requiring the deposit of the passport was made with the full knowledge that Khatwani's business might occasionally demand travel, and therefore, no new fact has been introduced to justify a review of the existing terms.
According to the prosecution, Khatwani has failed to demonstrate that the proposed travel is essential, nor has he provided evidence that no other person can travel on behalf of his business.
The court is expected to deliver a ruling on the application on August 11.
Indian man barred from visiting sick dad
This comes days after an Indian businessman identified as Cheekati Narasimha, who was accused of stealing KSh 254 million, suffered a major setback.
Source: Original
On April 4, Narasimha had sought permission to go visit his ailing father in India.
However, Magistrate Caroline Nyaguthii dismissed the application, asserting that Narasimha could be effectively detained within Kenya.
Earlier on, the investigating officer had raised concerns that Narasimha was a flight risk and that the submitted medical documents were vague and lacked evidence of scheduled medical appointments.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
