ODPP object application by former Oki Trading director Khatwani to travel to Dubai amid Sh356million fraud suit
The prosecution submitted that Khatwani’s new plea is tantamount to a re-litigation of a matter that has already been heard and determined by the court, where the earlier application for release of the passport was dismissed
The Office of the Director of Public Prosecution (ODPP) has opposed fresh application by former Oki General Trading Limited (OGTL) director Honey Khatwani seeking to travel to Dubai amid the ongoing Sh356million fraud suit against him.
While opposing the application today before the Milimani Senior Principal Magistrate Dolphina Alego, the prosecution told the court the present application by Khatwani constitutes a fresh, parallel litigation that amounts to abuse of court process.
The prosecution submitted that Khatwani’s new plea is tantamount to a re-litigation of a matter that has already been heard and determined by the court, where the earlier application for release of the passport was dismissed.
The prosecution told the court Khatwani has not demonstrated any material change in circumstances since the court’s earlier ruling that would warrant a reconsideration or variation of the existing bail terms.
The ODPP added that the mere filing the application through a different advocate does not change the substance or legal merit of the application.
“The invitation letter to Dubai attached to the present application does not itself constitute sufficient or compelling justification to interfere with or vary the terms previously set by the Court, particularly in light of the serious nature of the charges facing Khatwani,” the court heard
The court heard there remains a real and legitimate concern that releasing the applicant’s passport may facilitate flight risk and compromise the integrity of the ongoing trial process, especially where no adequate safe guards have been proposed.
The prosecution told the trial court that permitting multiple and successive applications without new grounds risks undermining the finality of the court’s decisions, and amounts to an abuse of the court process.
The application offends the overriding interests of justice and public confidence in the criminal justice system, especially where the Khatwani seeks preferential treatment not ordinarily accorded to similarly placed accused persons.
The ODPP added that under the circumstances, it is in the interest of justice and public interest that the application be dismissed.
The matter will be heard on October 13, 2025.
