A 72-year-old Italian National with Kenyan Citizenship is seeking bond from Kilifi law courts after he was charged with five charges of land fraud, obtaining Ksh 35 million by false pretence and impersonation.
Daniel Ricci was arrested on Friday at Ganda ward of Malindi following a warrant of arrest issued by the Chief Magistrate Court in Kilifi on March 6, 2025 after the tycoon absconded court on November 15 2024.
He denied the charges levelled against him and the prosecution filed an affidavit opposing bond citing a flight risk.
In the First Count, Ricci was charged that on various dates between January 7 2021 and September 29 2021 at Malindi within Kilifi County being an agent of the seller Gala Holdings limited with intent to defraud Ravina Beach Gardens Limited the purchaser to accept the certificate of title number 637-Mamburui offered to him by the seller on June 7, 2019.
On the second count, the Tycoon was charged that on various dates between January 7, 2021 and September 29 2024 being an agent of the land seller, Gala Holdings Limited with intention to defraud Ravina beach gardens Limited the purchaser of land portion number 637 Mamburui offered to him concealed from the purchaser, an agreement between him and the purchaser dated June 6, 2019 an instrument material to the certificate of title.
Ricci was also charged with receiving Ksh 35 million from Ravina Beach Gardens limited between January 7, 2021 and October 3, 2024 with intention to defraud, pretending he was in a position to sell to him land portion number 637-Mamburui registered in the names of Gala holdings limited a fact he knew was false.
He was also charged with falsely representing himself as the director of Gala Holdings limited and proprietor of land parcel number 637 Mamburui on the same diverse dates, a fact he also knew was false.
Ricci spent the entire weekend in Bofa Prison pending hearing and determination of the objection to bond terms application.
On Monday Ricci who is represented by Lawyer Tukero Ole Kina appeared before Chief Magistrate James Mwaniki and asked the court to allow the accused person to be released on bond as he was not a flight risk.
Ole Kina said his client was not a flight risk as he was a Kenyan citizen adding that Ricci was outside the country seeking medication when the case was instituted against him.
He said the 72 year old Italian was ailing and applied for the court to issue orders for him to be taken to hospital to undergo medication.
A court ruling in a criminal case no E906 of 2024 ruled that there was contempt of court by advocate Maurece Kilonzo who was then the accused lawyer against orders by the court issued on November 26 2024.
The orders issued on November 26 2024 required Kilonzo to issue some documents in his possession and sought for by the DCI to the investigation officer in the case which was not done to date.
In another statement signed by Ricci also, he admitted to be the holder of the power of attorney for Gala Holdings limited, the registered proprietor of Plot no 637 CR 23254 Malindi.
“I am the accused person and I am holder of a power of Attorney for GALA HOLDINGS LIMITED which is the registered proprietor of Plot No. 637 CR No. 23254 Malindi.
“On 5/12/24 I was made aware of a ruling from Kilifi law courts from my business partner Walter Okoth who was following up the case too. The ruling ordered advocate Maurice Kilonzo to give my original power of attorney and the original title deed to the investigating officer.
“Immediately I was made aware of the ruling on 5/12/24 and noticed that there was a misrepresentation of my instructions to my advocate before court, I changed advocates and instructed my current lawyers on record,” he said.
He said a magistrate court ruling through an advocate called Nyaega, he did not object to the original documents to be given to the investigating officer for forensic analysis but clarified that he did not instruct Nyaega to go to court
“I had instructed Mr. Nyameta of Nyameta & co Advocates to appear and tell the court I was sick and out of the country for treatment and ask for more time when I will be back to plead to the charges. I did not instruct him or any other advocate to go to court and allow the investigating officer to take away the said documents,” he said.
Ricci said he refused to release the documents because the purchasers were in breach of the sale agreement adding that the matter was purely a civil case where they were using the police to get the documents after they were unable to get them from him or the advocates who did the land transaction.
Other documents seen by TV47 show that Ricci while in Italy wrote an email regarding the property claiming the sale agreement between him as the attorney for Gala Holdings limited dated September 29 had expired and had no intention to sell the parcel of land to Ravina Beach Limited.
“I confirm I have the original title for the said plot now in my possession as well as the Power of attorney no EA20150 dated 19th June 2019 and I am not going to release the same to anybody in whatever circumstances,” said one of the letters written by Ricci dated December 13 2024.
