The prosecution has opposed an application by former Director Khatwani in Sh 356M fraud case to have his passport released.
In an application filed before Magistrate Dolphina Alego, the prosecution has argued that the accused has provided no basis justifying the release of the passport as sought, as he has not established any change of circumstances warranting the review of the bail terms as sought.
“It is in the interest of justice and public interest that the prayers sought by the accused be declined,” said the DPP in his application.
The DPP has informed Magistrate Dolphina Alego that the accused has not provided evidence to show that he is required to travel to India on Saturday, August 2, 2025, nor for 20 days for essential and official business engagements.
Such an application, the DPP says, is like asking the court to review its conditions on bail to review its own orders.
The prosecution has argued that the accused was, at the time of the plea, already aware or should have been aware of his business travel needs, if any,at the time of the plea.
As the same was not raised during the plea, it cannot be a new fact or a change in circumstances, nor is there a suggestion of a new fact in support of He accused the application for the review of the order to deposit his passport, as the order was made with his knowledge that his business would at times require such travels.
In his application seeking to have travel documents released by the court, he claims that his application is made in good faith.
“My client is a first offender, and prosecution will suffer no prejudice if the accused’s passport is released, added Khatwani through his lawyer Kennedy Echesa.
Echesa said the accused is required to travel to India on August 2, 2025, for 20 days for essential business as his primary source of livelihood.
Ruling on this application will be delivered on August 11, 2025.
