Italian nationals Daniele Lo Coco and Massimo Nativi in court where they were charged with fraud Two Italian nationals already facing Sh32 million fraud charges in Kilifi have been hit with fresh charges involving a Sh20.8 million villa sale in Malindi.
Daniele Lo Coco and Massimo Nativi, who are the directors of Tamu Rafiki Real Estate Limited, are facing two separate criminal cases before the Malindi magistrate court.
The cases involve allegations of conspiracy to defraud fellow Italian investors and fraudulent sale of luxury villas in Watamu.
Another fraud trial against the duo is pending before the Kilifi magistrate court after the Court of Appeal reinstated the criminal proceedings earlier this year.
On Wednesday, Malindi principal magistrate Nancy Makau directed the Office of the Director of Public Prosecutions (ODPP) to supply all witness statements and documentary evidence to the accused within 14 days.
She ruled that her court had jurisdiction to hear the matters and ordered the two files to proceed separately before different courts.
In the first Malindi case, prosecutors allege that between March 11 and July 31, 2024, the accused persons conspired to defraud Matteo Campanini and Anna Campanini of 125,900 Euros (about Sh19.36 million).
The prosecution claims they promised to sell Villa No. 7BD built on land parcel Kilifi/Jimba/2020, received payment, but later sold the same villa to another buyer named Nicholas Morello.
They also face charges of fraudulently selling the same property despite allegedly knowing it had been irregularly registered and transferred to Tamu Rafiki Real Estate Limited.
In another case, Lo Coco and Nativi are accused of obtaining 10,000 Euros (about Sh1.5 million) from Massimo Maini and Jacqueline Akoch Ikapel who are the directors of Jamani Limited.
The prosecution alleges the duo falsely claimed they had lawful authority to sell the villa.
They are also charged with selling the villa while allegedly knowing the property's registration and transfer to their company was fraudulent.
Lo Coco and Nativi denied all charges and were released on Sh4 million bond each.
The accused persons, together with Tamu Rafiki Real Estate Limited and Rafiki Mile Watamu Limited, have moved to the Malindi High Court seeking to stop the criminal proceedings.
They sued the Inspector General of Police, the Director of Criminal Investigations, the ODPP, the Kilifi and Malindi magistrate courts, the Kilifi Land Registrar, the Attorney General and several complainants, arguing that their constitutional rights had been violated during the investigations and prosecution.
The petition seeks orders staying proceedings arising from the Malindi court cases.
The fresh Malindi charges come months after the pair suffered another setback in the Kilifi magistrate court, where they are facing separate fraud charges.
Kilifi Chief Magistrate James Mwaniki declined their application for the release of their passports, agreeing with the prosecution that they remain flight risks.
The court ordered the matter to proceed to the defence hearing after the Court of Appeal reinstated the criminal case.
The two have remained out on a Sh3 million bond each since 2024.
The charge sheet showed Lo Coco and Nativi allegedly obtained Sh17 million from Rita Nappo between August 2018 and August 2019 after claiming they could sublease a villa in Watamu.
They are also accused of obtaining Sh15 million from Fiorenzo Girola between March 2020 and February 2021 through a similar promise to sublease another villa in the same locality.
The Kilifi case resumed after the Court of Appeal in Mombasa overturned earlier High Court orders that had halted the investigations and criminal proceedings.
