Court declines DPP's bid to terminate Ksh.356M theft case against Oki General Trading Limited director

Chief Magistrate Rose Ndombi on Tuesday directed that the criminal proceedings against Honey Khatwani, a director of Oki General Trading Limited, will proceed in accordance with the law.

Khatwani is accused of stealing Ksh.356,711,174.40 from Oki General Trading Limited, funds alleged to have come into his possession by virtue of his position as a director of the company.

Court documents indicate that the alleged offences occurred on various dates between January 2020 and June 2024, while Khatwani served as a director of the firm based in Baba Dogo, Ruaraka Constituency.

He has denied the charges.

The prosecution had moved to court under Section 87(a) of the Criminal Procedure Code, seeking to withdraw the case on the basis that there existed an ongoing civil dispute between the parties and that efforts had been made to resolve the matter through a consent agreement.

However, Magistrate Ndombi held that the existence of a civil case does not, on its own, justify the termination of criminal proceedings.

“The existence of a civil suit does not by itself justify termination of the proceedings,” she stated.

She further cited Section 193A of the Criminal Procedure Code, which allows civil and criminal proceedings to run concurrently.

The magistrate emphasised that while the DPP has constitutional authority to withdraw criminal cases, such discretion is subject to judicial oversight and must be exercised in line with the public interest, the interests of justice, and the need to prevent abuse of court process.

“The requirement for judicial consent is not a mere formality,” she noted, adding that the court must ensure prosecutorial decisions comply with the law.

A key issue in the ruling was the prosecution’s indication that withdrawal of the case was conditional upon the refund of the allegedly stolen funds.

The complainant, however, informed the court that no refund had been made and that the accused had not complied with the terms of the alleged civil consent agreement.

Justice Ndombi observed that the court could not allow withdrawal of criminal proceedings based on an unfulfilled condition.

“If the court were to allow withdrawal under such a constraint, it would effectively sanction the benefit of a settlement process before the performance of the very condition upon which the withdrawal is based,” she said.

She added that such an outcome would not serve the interests of justice.

The court ultimately found that sufficient grounds had not been established to allow the withdrawal application and dismissed it.