DPP ordered to furnish witness statements to two Italians facing KES 20.8 million fraud charges

Two Italian nationals facing fraud charges involving more than KES 20.8 million in Malindi are set to be furnished with prosecution documents ahead of the hearing of cases against them.

Malindi Principal Magistrate Nancy Makau directed the Office of the Director of Public Prosecutions (ODPP) to furnish Daniele Lo Coco and Massimo Nativi with all documents it intends to rely on during the trial within 14 days.

The magistrate ruled that the court had jurisdiction to hear and determine the application filed by 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, including the covering report,” Ms Makau ruled.

The two cases, which had initially been before the same court, will now be heard separately by two magistrates.

Criminal Case No. 750 of 2026 will be handled by Court Three, while Criminal Case No. 751 of 2026 will be heard in Court Four.

The first case will come up for pre-trial directions on September 24, 2026, while the second will be mentioned on October 7, 2026.

Lo Coco and Nativi, who are directors of Tamu Rafiki Real Estate Limited, denied the charges last week. They were each released on a KES 4 million bond with one surety.

The prosecution alleges that between March 11 and July 31, 2024, the two conspired to defraud Italian nationals Matteo Campanini and Campanini Anna of 125,900 Euros, equivalent to about KES 19.3 million.

According to the charges, the two allegedly represented to the couple that they would sell them Villa Number 7BD, located on land parcel Kilifi/Jimba/2020.

The prosecution claims that after receiving the money, the accused persons allegedly sold the same villa to another buyer, Nicholas Morello, despite having already agreed to sell it to Campanini and Anna.

In another count, the two are accused of fraudulently selling the same villa to Campanini and Anna while allegedly knowing that the property had been fraudulently registered and transferred to Tamu Rafiki Real Estate Limited.

The accused persons are also facing charges relating to Villa Number 12B, where they allegedly obtained 10,000 Euros, approximately KES 1.5 million, from Massimo Maini and Jacqueline Akoch Ikapel, directors of Jamani Limited.

The prosecution alleges that the accused falsely represented that they had the lawful capacity to sell the villa, despite allegedly knowing that the property had been fraudulently registered and transferred to Tamu Rafiki Real Estate Limited.

They are further accused of selling Villa 12B to Maini and Ikapel while allegedly knowing that the property had been fraudulently registered and transferred to their company.

The two Italians, together with Tamu Rafiki Real Estate Limited and Rafiki Mile Watamu Limited, have also moved to the Malindi High Court seeking orders over the criminal proceedings.

They have raised concerns over alleged violation of their rights and are seeking, among other orders, a stay of orders issued by Principal Magistrate Nancy Makau.

The fraud cases will now proceed separately as the court prepares for the pre-trial hearings later this month and in October.