A Kilifi law court on Thursday January 23, 2025 dismissed an application by two Italians accused in a Ksh. 32 million fraud case, ruling that it has jurisdiction to hear and determine the case.
The two, Daniel Lo Coco and Massiomo Naviti who are accused of defrauding fellow Italians by pretending to sell them houses in Watamu area, Kilifi County had through their lawyer Kinyua Kamundi filed an application seeking the matter to be struck out on account that the offences allegedly took place near Malindi law courts and far from Kilfi law courts.
Kamundi had also applied to have the passports of his clients that were confiscated by the courts be returned to them to enable them travel to Italy.
While delivering his ruling, Kilifi Chief Magistrate James Mwaniki argued that the courts had jurisdiction to hear the matter and the question of place of offence did not arise.
“In regard to geographical jurisdiction of the courts, there is no clear cut demarcated and they appear to take the political boundaries and may have such overlapping jurisdiction. In the present case, the offences allegedly were committed within Kilifi County and it is evident especially from the copy of the first charge sheet that the accused persons had either been summoned and or arrested and placed in custody at Kilifi police station to enable them appear before this court to answer to the present charges. This court thus has territorial jurisdiction to hear the case,” he said.
He also set the hearing date for the third witness in the case for 3rd February 2025.
Kamundi however protested saying that the matter was being dragged after the third witness failed to turn up in court while the prosecuting counsel too failed to turn up
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 Ksh. 15 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.
