Defence claims ODPP approved 'fictitious' Sh32m fraud charges against Italians

The Office of the Director of Public Prosecutions (ODPP) allegedly approved fraud charges drafted by an unqualified lawyer against two Malindi-based Italian investors, a Kilifi Magistrate Court heard on Thursday.

A court heard that the charges were approved by the immediate former Coast Regional Director of Public Prosecutions Peter Kiprop.

Lawyer Kinyua Kamundi told Kilifi Chief Magistrate James Mwaniki that Mr Kiprop approved the fraud charges against two Italians who allegedly defrauded two fellow Italians of Sh32 million by purporting to sell them villas in Malindi.

The alleged victims, Rita Nappo and Girola Fiorenzi, allegedly lost Sh17 million and Sh15 million in the deal. The alleged offence took place between August 2018 and February 2021.

Kamundi, however, told the court that officers from the ODPP and police came up with fictitious charges after the accused persons, Daniele Lo Coco and Massimo Nativi, refused to give out the bribe.

The ODPP had claimed that the accused, through their firm, Rafiki Limited, did not own the 10 villas in Rafiki Village. It said that villas existed only on paper.

The defence said that contrary to ODPP's claims, the two accused have built and sold over 60 villas in Watamu with permanent employees.

Kamundu also accused the EACC of protecting the officers after they failed to investigate the officers for corruption and economic crimes despite recording various statements and providing solid evidence.

The defence also alleges that the investigating officer has refused to pick up their calls in regard to the case.

However, they allege that ongoing corruption by state and public officers is not conducive to direct foreign investments.

Daniele Lo Coco and Massimo Nativi appeared before the magistrate as the criminal case resumed following the Court of Appeal's decision in May to reinstate the proceedings after months of litigation.

Other officers accused by the defence of being behind the fabricated charges are Malindi Principal Prosecution Counsel Joseph Mwangi, Kilifi Prosecution Counsel Winne Otieno, former Kilifi CCIO David Siele, and Kilifi North DCIO Phoenix Oduya.

A defence witness and an advocate of the High Court, Tukero Olekina, told the court that owners of the villas refused to execute the deeds of rectification after they realised that the buyers claimed that they had been defrauded of the purchase price.

Olekina, who witnessed the sale agreements of the villas, said Rafiki Limited had executed the leases and had given possession.

The alleged victims, however, reported the alleged fraud to the Watamu police station, which prompted the Watamu DCIO to carry out investigations.

However, upon finding that there was no crime, he advised the complainants to seek any remedy in civil suits and closed the file.

After the DCIO in Watamu closed the file, the complainants escalated the issue to Kilifi County CCIO, who appointed a police constable, Phoenix Oduya, to reopen the investigation.

Olekina said PC Oduya later wrote to the ODPP falsely alleging that Rafiki Limited was not the owner of the property and recommended that the two accused be charged with obtaining by false pretences and conspiracy to defraud, which led to their arrest.

Daniele Lo Coco and Massimo Nativ have been out on a Sh3 million bond each, with a surety of a similar amount, since 2024.

The Defence said that Mr Joseph Mwangi Kamanu, principal prosecution counsel, falsely alleged that Rafiki Limited was never the owner of the property even though he had certified copies of the title, the lease, the certificate of lease, the green card and other documents proving otherwise.

As part of the extortion and abuse of office, the defence alleges that former Kilifi CCIO David Siele wrote to the Land Registrar, Kilifi, ordering him to place a restriction on plot numbers Kilifi/Jimba/2017, 2018, 2019 and 2020 belonging to Tamu Rafiki Real Estate Limited, whose shareholders and directors are Massimo Nativi and Danielle Lococo.