Detective Details How Two Italians Conspired to Defraud Sh32M in Watamu Property Fake Deal; Wants Passports Confiscated

An officer from the Directorate of Criminal Investigations (DCI), Kilifi office has testified in a Ksh32 million fraud case involving two Italian nationals, saying that the accused persons obtained money by false pretense.

Corporal Phelix Oduya said that he was summoned by his senior, the Kilifi County Criminal Investigation Officer (CCIO) David Siele to take over investigations from officers who were handling the matter in Watamu area.

The accused persons, Daniele Lo Coco and Massimo Nativi through their lawyer Kinyua Kamundi had challenged the jurisdiction of the Kilifi Law Court in hearing the matter since Watamu was near Malindi law courts.

However, their objection was dismissed by Kilifi Chief Magistrate James Mwaniki who allowed the case to continue and their passports to be confiscated by the State.

“I know it may raise issue why a police constable is taking over a file from a chief inspector and there is what we call designation and rank, I am a police constable but under the designation of the CCIO and so I have the powers to take over files from any Sub County units within Kilifi County,” he said.

The two Italians are accused of obtaining Ksh15 million from Girola Fiorenzo and Ksh17 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.

“On the 19th of July 2023 while I was performing other duties, I was summoned to my supervisor David Siele’s office and he instructed me to request for an investigation file from DCI Watamu which was at the time being investigated by Chief Inspector Wafula, the head of DCI Watamu police station.

“It was due to a complaint of police inaction and therefore there was need for our office to handle the matter since the complainants Rita Nappo and Girola Fiorenzo and another third party had raised issues that the DCI Watamu were not able to assist them,” Oduya told the court.

He added that the complainants had explained how their matter had stayed for long at the Watamu police station.

“When I took over the matter, I got the investigation diary which indicated that the complainant Rita Nappo had made an initial complaint report on the 18th of February 2022 and when I did the investigations, I found that the complainants had not been given ownership documents after paying money agreed in the purchase agreements,” he said.

He also urged the court to have the passports of the accused persons be confiscated since they were a flight risk.

“We were given instructions on the 28th of August 2023 by the Office of the Director of Public Prosecution that we proceed and charge Daniele Lo Coco, Massimo Nativi and Rafiki limited with the offence of obtaining money by false pretenses contrary to section 313 of the penal code.

“We were further directed by the ODPP to proceed to charge Lo Coco, Nativi and Rafiki limited with the offence of conspiracy to defraud contrary to section 317 of the penal code and to that effect, our office proceeded to arrest the accused persons on the 27th of April 2024 at their residence at Rafiki resort in Watamu,” he said.

Meanwhile, the hearing of the case has been scheduled to continue on February 27th and 28th of this year.