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Broken Agreement Costs Ex-Director as Court Orders Ksh 368M Theft Trial to Proceed
"The court is also mandated to listen to the complainant as his right to be heard, and it must observe the objections raised by the defence, despite the application for withdrawal by the DPP. This court is not persuaded to withdraw the matter at this stage," the Magistrate stated.
The Nairobi Magistrate’s Court has declined the application by the Director of Public Prosecutions (DPP) to withdraw the Ksh 368 million case against the former director of Oki General Trading Kenya Limited, Honey Khatwani.
While declining the application, Milimani Principal Magistrate Rose Ndombi indicated that “the application by the DPP for the matter to be withdrawn under Section 87(a) has not persuaded the court to warrant the withdrawal.
The court noted that the parties entered into an agreement and signed a consent to withdraw the matter, but the accused had not fulfilled the agreement he had committed to.
“The court is also mandated to listen to the complainant as his right to be heard, and it must observe the objections raised by the defence, despite the application for withdrawal by the DPP. This court is not persuaded to withdraw the matter at this stage,” the Magistrate stated.
Despite the DPP having the prosecuting powers to terminate any criminal matter under Article 87 (a) of the Criminal Procedure Code, the Magistrate indicated that it is the role of the court to weigh the reasons raised for withdrawal and determine whether they are merited or not.
Regarding the application by the complainant that the accused (Khatwani) has committed perjury, the Magistrate stated that the court cannot admit the allegations and directed the DCI to investigate the same against the accused.
The court further directed the hearing of the remaining witnesses in the matter to proceed on July 20, 2026.
Khatwani was charged with stealing $2,786,174.40 (approximately Ksh 356,711,174.40) from OTCL, the money which came into his possession by virtue of his employment.
The alleged offence occurred between January 1, 2020, and June 30, 2024, at Babadogo within Nairobi County.
The said funds belonged to OKI General Trading Limited and were allegedly stolen by Khatwani in his capacity as a company director.
