Kilifi court begins hearing case against Italians accused of defrauding KSh32 million

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Kilifi court begins hearing case against Italians accused of defrauding KSh32 million

A court in Kilifi has begun hearing the trial against two Italian nationals charged with obtaining over KSh32 million by false pretence from two fellow Italians in the tourist destination town of Watamu in Kilifi County.

Daniele Lo Coco and Massimo Nativi appeared before former Kilifi Chief Magistrate Julius Mukut Nangea, who has since been promoted to a Judge, on April 29 and denied the charges levelled against them.

On Monday, November 18, two witnesses, Rita Nappo, one of the complainants who was defrauded of KSh17 million, and Cosmo Armeno, an Italian who translated the lease agreement for subleasing a villa in Watamu, testified.

Both accused persons were present in court before Kilifi Chief Magistrate James Mwaniki. Prosecution has four witnesses in the case.

Lawyer Ndegwa Njiru represents the complainants while Muthuri Kinyua represents the accused Italians.

In her testimony, Nappo — who spoke through an interpreter as she only understands Italian — told the court that she saw houses being sold and contacted the number on the advert.

Nappo told the court that she called the number placed on the advert and paid for the house slowly.

“I came to see the house on their invitation and sign documents but the land was not transferred to me. I was assured that everything was ok and five villas were under construction,” she said.

Nappo said she did not suspect anything fishy from the advert and that’s why she entered in the deal but was never given any documentation.

The court heard that Nappo went back to Italy and Massmo invited her to a restaurant in 2018 August.

She said they told her about the Rafiki Villas under construction, she trusted them and signed the documents.

Nappo said she bought the Villa for 140,000 euros and signed the documents on the 18th of August 2018.

“I bought the two-floor villa and found out that my agreement was the same with another one of a smaller house. It was all written in English and there was no translation. I asked a lawyer and he told me that the agreements were the same. The measurements of the houses were different,” she said.

Nappo said the two fellow Italians never gave her the documentation to prove ownership and later evicted her from the house.

On the other hand, Armeno who was the first witness to testify, told the court that he was approached by Nappo asking him to translate the agreement from Italian to English.

He said after translating the agreement was taken to the Italian consulate in Malindi who certified it and that’s when things unfolded of the fraud.

Earlier the accused were charged that on various dates between August 30, 2018 and August 1, 2019, at the Watamu area of Malindi Sub County within Kilifi County with intent to defraud they jointly obtained KSh17 million from Rita Nappo by pretending that they were in a position to sublease her Villa no 5A.

The villa was on a Plot of Land number Kilifi Jimba 1544 measuring approximately 0.327 hectares a fact they knew to be false.

In the second count, the two Italians were also charged that on various dates between March 21, 2020 and February 24, 2021 at the Watamu area of Malindi sub-county within Kilifi County with intent to defraud they obtained KSh15 million from Girola Fiorenzo by pretending that they were in a position to sublease her Villa number 4 B.

The villa is reportedly located on plot number Kilifi Jimba 1544 measuring approximately 0.327 hectares a fact they knew to be false.

The hearing continues on today (Wednesday, November 19).

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