Kilifi, Kenya – The trial of two Italian nationals accused of orchestrating a fraudulent scheme that defrauded foreign investors of Ksh 32 million is currently underway at the Kilifi Law Courts. The accused, Daniele Lo Coco and Massimo Nativi, are charged with obtaining money by false pretences and conspiracy to defraud.
The case, which has drawn significant public interest, dates back to fraudulent transactions carried out between 2018 and 2021. According to Corporal Phelix Oduya, the investigating officer, the accused allegedly lured their victims under the pretext of subleasing houses at Rafiki Village in Watamu. The victims, Girola Fiorenzo and Rita Nappo, reportedly lost Ksh 15 million and Ksh 17 million, respectively, after making payments but never receiving ownership documents.
During the court proceedings, the defence, led by lawyer Kinyua Kamundi, sought to challenge the court’s jurisdiction, arguing that the matter should be heard in Malindi. However, Kilifi Chief Magistrate James Mwaniki dismissed the objection, ruling that the trial would proceed in Kilifi. Given the severity of the allegations, he further ordered the confiscation of the accused persons’ passports, citing concerns over their flight risk.
Corporal Oduya, who took over the case following reports of inaction by previous investigators, testified that the victims had reported the fraud in February 2022 but had not seen any justice. Upon his investigation, he found that despite agreements and payments made, the complainants were never issued ownership documents for the properties.
The prosecution, under the Office of the Director of Public Prosecution (ODPP), has charged Lo Coco, Nativi, and their company, Rafiki Limited, under Sections 313 and 317 of the Penal Code for their roles in the fraudulent dealings. The accused were arrested at their residence at Rafiki Resort in Watamu on April 27, 2024.
Tensions arose in court when a prosecution witness, Armeno Modunyo, was recalled for cross-examination. He protested against what he described as irrelevant questioning by the defence. However, Magistrate Mwaniki ruled that his role in translating key documents in the case was crucial to the proceedings.
The court heard that between August 30, 2018, and August 1, 2019, the accused allegedly defrauded Rita Nappo of Ksh 17 million over Villa No. 5A, located on Plot No. Kilifi Jimba 1544. Similarly, they are accused of defrauding Girola Fiorenzo of Ksh 15 million between March 21, 2020, and February 24, 2021, concerning Villa No. 4B on the same property.
With the trial set to continue on July 27 and 28, more witnesses are expected to testify as the prosecution builds its case against the accused.
