Senior Principal Magistrate Dolphina Alego, sitting at the Milimani Law Courts, on Monday directed the prosecution to provide all relevant documents and material evidence to the defence team by tomorrow, Thursday, warning that no further delays will be tolerated.
The accused, Honey Khatwani, who served as a director at OKI General Trading Limited in Baba Dogo, Nairobi, was arraigned in June and charged with theft by servant. According to the charge sheet, the alleged offences took place between 1st January 2020 and 30th June 2024, during which Khatwani is said to have stolen USD 2,786,806.05, approximately KSh 356,711,174.40, by virtue of his position in the company.
Appearing before the court, Khatwani’s lead counsel, Kennedy Echesa, expressed frustration that the prosecution had yet to share any of the documents or exhibits it intends to rely on in the trial.
“The defence has not received any evidence from the prosecution, despite the charges being filed several weeks ago. We respectfully urge the court to compel the prosecution to comply so that the pre-trial process can move forward,” Echesa submitted.
In response, Prosecutor Victor Awiti acknowledged the delay and requested additional time, assuring the court that the required documents would be supplied. He also sought the court’s intervention to summon the investigating officer to explain the cause of the delay.
Magistrate Alego, however, issued a stern warning, stating that Thursday would be the prosecution’s final opportunity to comply. “This is the last time this court will allow such delays. The matter cannot proceed to pre-trial conference without disclosure of evidence to the defence,” she ruled.
The case is set for mention on 10th July 2025, when the court will confirm whether the DPP has complied with the directive and give further directions on the matter. Khatwani is currently out on a cash bail of KSh 5 million, with an alternative bond of KSh 10 million.
The matter has drawn considerable public interest due to the sheer scale of the alleged theft, and legal observers say it underscores growing concerns over delays in the prosecution of complex financial crimes.
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