A big blow to Oki General Trading Limited director Honey Khatwani as the High Court declined to hear his appeal seeking the temporary release of his passport to allow him to travel to India for a 20-day business trip
Justice Margaret Mungai said that the matter will not be heard since the court is on recess.
She instead, directed Khatwani to serve the DPP with the application so that the matter would be set for mention after the vacation.
“I will not grant the orders sought at the moment because the court is in recess,” Justice Mungai stated.
This comes after the lower court senior principal magistrate Dolphina Alego had dismissed the application, saying that Khatwani had failed to present sufficient justification for altering his bail condition in an ongoing sh 356 million Fraud case.
“The accused has not demonstrated any change in circumstances since the bail terms were issued that would warrant a review,” ruled Magistrate Alego
In his appeal filed before High Court Khatwani’s lawyer, Ken Echesa, argues that the trial court failed to consider that his client is a first-time offender with no history of being a flight risk.
He maintained that denying him the opportunity to travel would cause irreparable harm to his business, which relies heavily on international transactions requiring his physical presence in India.
