The trial of two Italian nationals accused of defrauding foreign investors of Ksh 32 million is underway at the Kilifi Law Courts.
The accused, Daniele Lo Coco and Massimo Nativi, face charges of obtaining money by false pretence and conspiracy to defraud.
During court proceedings, investigating officer Corporal Phelix Oduya testified that the accused lured their victims by falsely promising to sublease houses at Rafiki Village in Watamu between 2018 and 2021.
The victims, Girola Fiorenzo and Rita Nappo, allegedly lost Ksh 15 million and Ksh 17 million, respectively, in the fraudulent scheme.
The defence, led by lawyer Kinyua Kamundi, challenged the court’s jurisdiction, arguing that the matter should be heard in Malindi.
However, Kilifi Chief Magistrate James Mwaniki dismissed the objection, allowing the trial to proceed and ordering the confiscation of the accused persons’ passports, citing flight risk concerns.
According to Corporal Oduya, he took over the case from officers in Watamu after complaints of inaction.
He told the court that the victims had reported the fraud in February 2022 but had not received justice.
Upon investigation, he found that the complainants had not been issued ownership documents despite making payments as agreed in the purchase agreements.
The prosecution, guided by the Office of the Director of Public Prosecution (ODPP), charged Lo Coco, Nativi, and their company, Rafiki Limited, under Section 313 and Section 317 of the Penal Code for obtaining money by false pretences and conspiracy to defraud.
The accused were arrested at their residence at Rafiki Resort in Watamu on April 27, 2024.
Tensions flared in court when prosecution witness Armeno Modunyo was recalled for cross-examination.
He protested against what he termed as irrelevant questioning by the defence.
Magistrate Mwaniki however ruled that the witness was summoned to confirm his role in translating key documents central to the case.
The court heard that between August 30, 2018, and August 1, 2019, the accused allegedly obtained Ksh 17 million from Rita Nappo by falsely claiming they could sublease her Villa No. 5A on Plot No. Kilifi Jimba 1544.
In a similar incident, they allegedly defrauded Girola Fiorenzo of Ksh 15 million between March 21, 2020, and February 24, 2021, over Villa No. 4B on the same property.
The trial continues on the 27th and 28th of this month, with more witnesses expected to testify as the prosecution builds its case against the accused.
