A Malindi law court in Kilifi County has directed the Office of the Director of Public Prosecution to furnish two Italian nationals facing two fraud cases worth KSh 20.8 million with statement documents pending hearing of the case.
Principal Magistrate Nancy Makau ruled that the court had jurisdiction to hear and determine the matters involving the accused persons, Daniele Lo Coco and Massimo Nativi and that the prosecution had 14 days to supply documents of the case to the accused persons.
“Court has jurisdiction to hear and determine the application as has been framed and the prosecution is given 14 days to ensure that they supply all documents they wish to rely on and including the covering report,” she ordered.
The two have been accused by two entities of fraud in criminal case number 750 of 2026 and criminal case number 751 of 2026 which will now be heard separately by two magistrates.
“These are two cases before me, criminal case number 750 of 2026 will be handled by court number three and criminal case number 751 of 2026 will be handled by court number four. Mention of criminal file number 750 of 2026 for pretrial directions will be handled on 24th September 2026 while 751 will be handled on 7th of October 2026,” she stated.
Lo Coco and Nativi denied the charges before Hon Makau last week and are out on a kSh. 4 million bond each with one surety.
They were charged that on diverse dates between March 11 2024 and July 31 2024 at Malindi in Kilifi County being directors of Tamu Rafiki Real Estate Limited conspired to defraud Matteo Campanini and Campanini Anna of 125,900 Euros (KSh. 19,362,069.00) by falsely pretending that they would sell to them Villa Number 7 BD erected on land parcel number Kilifi/Jimba/2020, and after having received the money they fraudulently sold the same villa to Nicholas Morello despite having already agreed to sell the said villa to Matteo Campanini and Campanini Anna a fact they knew to be false.
On the second count the two Italian nationals were charged that on January 2024 at Malindi, Kilifi County jointly with others not before the court being Directors of Tamu Rafiki Real Estate Limited they fraudulently sold Villa 7BD erected on land parcel No Kilifi/Jimba/2020 being a subdivision of land Parcel Number Kilifi/Jimba 1870 , to Matteo Campanini and Campanini Anna while knowing that the said property had been fraudulently registered and transferred to Tamu Rafiki Real Estate Limited.
The two accused persons also faced a third count where they were charged that on Diverse Dates between March 11 2024 and July 31 2024 in the same sub county and county jointly with others not before the court being directors of Tamu Rafiki Real Estate Limited conspired to defraud Matteo Campanini and Campanini Anna 125,900 Euros by falsely representing that they would sell to them Villa No 7BD erected on land parcel number Kilifi/Jimba/2020 and thereafter having received the said money sold the same Villa to Nicholas Morello despite having already agreed to sell the same villa to Matteo Campanini and Campanini Anna.
In a separate charge, Nativi and Lo Coco were charged that on March 27 2024 at Malindi Sub County of Kilifi County jointly with others not before the court being Directors of Tamu Rafiki Real Estate Limited they obtained 10,000 Euros (Sh. 1,502,100.00 from Massimo Maini and Jacquline Akoch Ikapel, directors of Jamani Limited by falsely pretending that they were in a position and had the lawful capacity to sell them Villa No 12B erected on land Parcel No Kilifi/Jimba/2019a fact they knew to be false.
They were also charged that on diverse dates between February 28 2024 and March 27 2024 in Malindi Kilifi County jointly with others not before the court being Directors of Tamu Rafiki Real Estate Limited they sold Villa no 12B erected on land parcel Number Kilifi/Jimba/1870 to Massimo Maini and Jacqueline Akoch Ikapel, Directors of Jamani Limited while knowing that the said property had been fraudulently registered and transferred to Tamu Rafiki Real Estate Limited.
Lo Coco and Nativi alongside their firms, Tamu Rafiki Real Estate Limited and Rafiki Mile Watamu Limited had also filed a notice of motion at the Malindi high court against the Inspector General of Police, Director of Criminal Investigations, the ODPP, Jamami limited, Massimo Maini, Jacqueline Ikapel, Roer Kiinge, Armeno Cosimo Maria Modugno, Matteo Campanini, the land registrar Kilifi, the Chief Magistrate Kilifi, the Attorney General, the Chief Magistrate Malindi, Dennis Mutoka, Alex Ikomol, E Macharia, Rachel Amala Livete and Campanini Anna on grounds that Lo Coco and Nativi’s rights were violated and were seeking stay orders issued by Malindi Principal Magistrate Nancy Makau.
