A lawyer told a court that allegations that two villas existed on paper, yet they were physically in existence were shocking.
Mr Tukero ole Kina, testifying as a defence witness in a case where Italian nationals Danielle Lo Coco and Massimo Nativi are facing charges of obtaining money by false pretenses told the court that he took police officers to the villas where they confirmed their existence.
The witness, who was testifying before Kilifi chief magistrate James Mwaniki said he took the police officers to the villas after the accused, who were his clients, were arrested.
“The villas were said to exist on paper, police saw them and even the accused. The villas existed,” said Mr ole Kina in his evidence led by defence lawyer Kinyua Kamundi.
The witness told the court that a letter from the prosecution dated April 25, 2024, approved charges against the accused.
The witness who was referred by Mr Kamundi to a certified copy of a register commonly known as ‘green card’ said it indicated that it was opened on June 20, 2014, with the registered proprietor of the land being Rafiki Limited.
He described the charges against his former clients ten years after the opening of the register as malicious.
The witness also told the court that all documents that were referred in relation to the parcel of land indicate that it (land) was known as Kilifi/Jimba 1544.
Mr Kina said that later in an amended charge sheet the accused are alleged to have sold villas in a different land.
The witness also told the court that there are ten villas in the property Kilifi/Jimba (1544), offices, swimming pools and common use areas.
“What was indicated in the preliminary agreement is that what was sold was a villa through shares. It would be impossible for the accused to transfer the whole property (1544) as it had other people,” said Mr Kina.
The lawyer also told the court that his letter to the ODPP in Malindi led to the withdrawal of the charges against the accused but were later charged again following a complaint.
He further said that leases on the property had been entered into the title and were awaiting a signature of the land registrar.
However, the witness told the court that they were told to change user which they did and that registered owners are currently holding certificates of lease.
The witness told the court that those who do not have the certificate of the lease are the complainants and another person.
“Nobody refused to give them the certificate of lease (to the villas), they refused to sign a corrigendum, conversion of a lease to a sub lease,” Mr Kina told the court.
Mr Kina further said that in civil cases which have been filed, the complainants want the contracts relating to the villas annulled so that they get their money back.
The court heard that it is not possible for the complainants to hold the certificate of titles and have their money back.
Mr Kina told the court that he met the accused sometimes in 2013 when they visited his office with an intention to register a company to use it as an investment vehicle.
The witness said that the accused acquired land through Rafiki Ltd which acquired freehold interest in it.
“The property is in Watamu in an area heavily developed, I saw plans which indicated they were going to have mixed developments to sell to prospective buyers,” Mr Kina told the court.
Prior to the start of the hearing, the court dismissed an application by the prosecution seeking to have the case adjourned. The court said the prosecution could recall the witness.
In its application, the prosecution told the court that it need time to go through the defence documents and time to prepare.
However, the application was opposed by Mr Kamundi who said it was an attempt to derail the defence hearing.
“Every document in possession was supposed to be given to us now that they suppressed the document, they cannot tell us not to proceed with the documents they have,” Mr Kamundi told the court.
Hearing continues.