A Nairobi court has issued a stern warning to an Investigating Officer (IO) for mishandling a significant fraud case involving a director accused of embezzling Sh 356 million.
During a recent hearing, Milimani Trial Magistrate Dolphina Alego expressed her frustration at the IO’s failure to present crucial evidential documents for the second consecutive time, which is essential for the case to progress.
When the case against former director Honey Khatwani was mentioned, the prosecution requested additional time to provide the necessary documentation to the defense. However, Magistrate Alego rejected this request, holding the investigating officer accountable for the delays that have hindered the proceedings. She cautioned the IO against any perceived manipulation of the case, suggesting that such actions could be interpreted as collusion with the accused to stall the judicial process.
A complainant in the case has also voiced concerns about the IO’s tactics, alleging that they are intentionally prolonging the matter. In her ruling, Magistrate Alego granted the Director of Public Prosecutions (DPP) a final opportunity to furnish the defense with the required documents, emphasizing the urgency of moving forward.
The state requested an additional week to compile the evidence, a request that was met with opposition from the defense, which argued that the prolonged delays have adversely affected their client, who is eager for a swift resolution. Ultimately, the magistrate scheduled the next hearing for July 10, 2025, after both parties agreed to conduct the pre-trial and document exchange on the same day.
According to the charge sheet, Khatwani is alleged to have misappropriated the funds between January 1, 2020, and June 30, 2024, at Baba Dogo in Nairobi County, with prosecutors asserting that he acquired the money through his position as director. Currently, he is out on a cash bail of Ksh 5 million, with an alternative bond set at Ksh 10 million. There are also allegations that he has been intimidating witnesses, leading to concerns among complainants that influential businessmen and investigators may be obstructing the case.
Magistrate said if the IO does not want to prosecute the accused,they should release him and let the complainants have their way.
