Italian investors accuse DCI of taking sides in fraud case

Italian nationals Daniele Lo Coco and Massimo Nativi before Kilifi Law Courts on July 9, 2026. [Nehemiah Okwembah, Standard]

Officers from the Directorate of Criminal Investigations (DCI) have been accused of taking sides in the raging multimillion-dollar land disputes between Italian investors in Watamu, Kilifi County.

Two Italian investors said that although the dispute over the ownership of two villas was a civil matter, the DCI officers in Malindi had allegedly taken sides and were harassing and intimidating them.

Daniele Lo Coco and Massimo Nativi, directors of Tamu Rafiki Real Estate Limited, said that on August 18, 2026, police officers stormed into their property to arrest them with no warrant of arrest.

The investors said the officers claimed that they are wanted over allegations of obtaining money by false pretences, charges linked to the ownership of Villa 12B for land parcel Kilifi/Jimba 2019.

On arrival at the gate, the detectives informed the security guards that they had warrants of arrest against Lo Coco and Nativi; however, they did not produce them.

The police confiscated four mobile phones from the security guards. Lo Coco and Nativi said the police are yet to explain why they took the guards' phones in breach of their privacy.

After the night drama and the failed arrest, Kilifi County Criminal Investigations Officer (CCIO) Robert Kiinge wrote a letter the next day to the two investors summoning them to appear for questioning.

Earlier, in July, a DCI officer identified as Denis Mutoka had also sent a WhatsApp message to one of the occupants at Tamu Rafiki Resorts requesting Lo Coco and Nativi to appear for questioning.

According to the summons dated August 19, 2026, by the CCIO, Lo Coco and Nativi were supposed to appear at the Kilifi DCI headquarters on August 20 for questioning over the sale of the villas.

CCIO IKiinge said in the letter that his office is investigating the case of obtaining money by false pretences as reported by Jacqueline Ikapel, director of Jamami Limited, vide OB No. 39/29/07/2024.

‘’In the course of investigations, it has become necessary to obtain your statements and clarify matters within your knowledge relating to the said transactions under inquiry.

“You are hereby formally required to appear personally before the DCI Kilifi County headquarters on 20th August 2026 at 0900 hours without fail,” reads the summons letter in part.

Kiinge asked the two investors to appear with all the relevant documents, records and other information in their possession, custody or control relating to the said transaction on Villa No. 12B on parcel Kilifi/Jimba 2019 to assist in the ongoing investigations.

Documents reviewed indicate that on February 28, 2024, Tamu Rafiki Real Estate Limited is the exclusive holder of warrants to sell for the villas that are part of the residential complex named Jua Resort.

A preliminary contract of sale and purchase of Villa Number 12 B, which is part of the Jua resort residential complex, indicates that Massimo Maini wanted to purchase the villa from Tamu Rafiki.

The villa was to be sold for Sh13.4 million (95,000 euros), Sh9.8 million (65,000 euros) for immovable property and Sh4.5 million (30,000 euros) for the movable property.

Masini, the promissory purchaser, was to make a down payment of Sh1.5 million (10,000 euros), a transfer fee to be paid by him as a down payment for Villa No. 12B, by March 31, 2024.

He was also to pay the remaining balance by bank transfer by April 31, 2024, with the possibility of an agreed extension until December 31, 2024.

“In case of non-delivery of the property by the deadline of the date of the notarial deed, withdrawal for cause may be requested by the promissory purchaser party, and all sums paid to the promising seller party equal to double the first down payment will be returned to him,” the agreement states.

Further, the preliminary contract of sale and purchase indicated that failure to comply with one or more contractual points by the purchaser may result in the promising seller's termination of the contract for cause with the consequent withholding of the amounts paid.

Massimo made the deposit of Sh1.5 million (10,000 euros) and did not communicate thereafter until his wife Jacqueline Ikapel surfaced with the claims of being defrauded in July 2024.

She reported the matter to the police. Lo Coco's and Nativi’s lawyer, Kinyua Muyaa, has written to Kilifi County CIO Robert Kiinge to protest over the manner his clients were summoned.

He said that the summons was also sent via WhatsApp by DCI officer Denis Mutoka on August 19 at 11:08 am, well past the appearance time, which was 9:00 am as indicated in the summons.

"The confiscation of phones from innocent parties is intrusive and a breach of privacy, and unless the remaining phones are returned to them by close of business today, they will be reported as stolen with the threat of violence," read part of the statement.

In addition, the advocate stated that his clients could not legitimately find legal representation at night for purposes of recording their statements.

‘’Your intention was therefore to hold them overnight and possibly charge them without hearing their side of the issue,” states part of the letter from Muyaa.

He claimed that the police had been tracking his clients’ movements that night.

‘’There is no urgency justifying a night arrest. Our clients are not running away and have not committed any cognisable offence. Their passports are held in court pursuant to some other trumped-up charges. Read part of the statement.

Kinyua stated that the attempted night arrest suggested that the police already had a charging decision. In addition, the advocate stated that he will present his clients on Wednesday, August 26, 2026, and present all the required documents.