Investigating Officer Narrowly Avoids Arrest Warrant in Sh 350 Million Fraud Case

Drama unfolded at Milimani Law Courts today as an investigating officer in a Sh 350 million fraud case narrowly escaped a warrant of arrest amid allegations of case tampering.

The incident occurred when the matter came up for mention before Milimani Trial Magistrate Dolphina Alego, with the prosecution seeking more time to supply the defense with documentary evidence before proceedings could continue.

However, the magistrate declined the request and instead criticized the investigating officer, who was present in court, for delaying proceedings to meet personal targets.

Magistrate Alego warned the investigating officer to stop “playing games” with the case, stating that such conduct could be perceived as collusion with the accused to delay justice.

The complainant in the case, where former company director Honey Khatwani has been charged with over Sh 350 million fraud, told the court that the investigating officer was deliberately delaying the case while employing tactics to obstruct justice.

When the matter appeared before Magistrate Alego, the Director of Public Prosecutions (DPP) was granted a final opportunity to supply documentary evidence and materials to the defendants to allow the case to proceed.

The magistrate issued this directive after the investigating officer again failed to avail the required documents in court.

While seeking an adjournment, the state, through the DPP, requested a week to supply the documents to court—a move opposed by the defense, who argued that their client has been adversely affected by the matter and wants it heard and determined expeditiously.

In her ruling, Trial Magistrate Alego directed that the matter be heard on July 10, 2025, after both the defense and prosecution agreed that the pre-trial conference be conducted on the same day, alongside the supply of documents to the defense.

The magistrate issued a final warning to both the DPP and the investigating officer regarding further delays.

According to the charge sheet, Khatwani is accused of stealing the money on diverse dates between January 1, 2020, and June 30, 2024, at Baba Dogo within Nairobi County.

Prosecutors said the funds came into his possession by virtue of his position as company director.

The accused is currently out on cash bail of Ksh 5 million with an alternative bond of Ksh 10 million.

Court documents reveal that the accused has allegedly been threatening witnesses, with complainants expressing strong concerns that the case is being frustrated by key businessmen and investigators.

The case will resume on July 10, 2025, for pre-trial conference and commencement of hearing.