A Kilifi court has concluded hearing of a KSh. 32 million fraud case involving two Italian nationals who allegedly defrauded fellow Italians in Watamu, Kilifi county.
The Kilifi Magistrate court had put the accused persons Daniele Lo Coco and Massimo Nativi on their defence where they defended themselves against defrauding fellow Italian nationals.
Lo Coco and Massimo Nativi who appeared before Kilifi Chief Magistrate James Mwaniki are accused of obtaining Sh. 17 million from Rita Nappo and Sh. 15 million from Girola Fiorenzo pretending to be in a position to sell them villas in Watamu area between 2018 and 2021.
In his defence Lo Coco said tht Nappo and the rest of tenants signed contracts of lease and not ownership or purchase with Rafiki limited which handed them over to Rafiki Resort Management through share transfers.
“Seven leases were registered while three were not registered and they belonged to Rita and Fiorenzo. I and Nativi are the directors of Rafiki limited,” he told the court.
He said Armeno Modunyo who is the complainants’ witness instigated his arrest and he introduced himself as a lawyer for Nappo and demanded that Rafiki Limited to refund the 140,000 Euro Mrs Nappo had already paid.
“Modunyo told me to pay him 30,000 Euro as legal fees so that the investigations on the matter could be closed. I refused to pay him because he was going to earn money for nothing he had done,” said Lo Coco.
Mwaniki allowed an application by the prosecution and ordered that it be formerly filed served to the defense within seven days and the defense to respond within seven days.
“I note the direction the application by the state to call the rebuttal witness and the concern by the defense is taking and the court may not be able to make an informed finding on that issue. The direction by the court is that the state files a formal application to enable a proper opposition by the defense and to enable the court make a concise ruling on that,” ordered Hon Mwaniki.
The Court will hear the application on the November 19 2026.
Lo Coco and Nativi are accused of obtaining Sh. 15 million from Girola Fiorenzo and Sh. 17 million from Rita Nappo by pretending that they were in a position to sublease them houses at Rafiki Village in Watamu between 2018 and 2021.
The accused were charged that on various dates between August 30 2018 and August 1, 2019, at the Watamu area of Malindi Sub County within Kilifi County with intent to defraud they jointly obtained Sh. 17 million from Rita Nappo by pretending that they were in a position to sublease her Villa no 5A.
The Villa was on a Plot of Land number Kilifi Jimba 1544 measuring approximately 0.327 hectares a fact they knew to be false.
In the second count, the two Italians were also charged that on various dates between March 21 2020 and February 24 2021 at the Watamu area of Malindi sub-county within Kilifi County with intent to defraud they obtained Sh. 15 million from Girola Fiorenzo by pretending that they were in a position to sublease her Villa number 4 B. The Villa is reportedly located on plot number Kilifi Jimba 1544 measuring approximately 0.327 hectares a fact they knew to be false.
The prosecution closed the case with the fourth witness testimony and the court gave all parties to file written submissions within seven days.
