A Kilifi-based detective who investigated a Sh. 32 million fraud case involving two Italian nationals against fellow Italians has sensationally claimed that they are trying to compromise him.

Phenix Oduya who was testifying in the case involving Daniele Lo Coco and Massimo Nativi told Kilifi Chief Magistrate James Mwaniki during hearing that the accused persons’ lawyer, Kinyua Kamundi, had on several occasions attempted to give him a brown envelop.

Oduya, the fourth and last witness in the fraud case which occurred in Watamu, said Kamundi who represents Lo Coco and Nativi called him after the last hearing and visited him in his office claiming there were documents he had not been served which he did serve him.

He told the court that on February 4, Kamundi called him at 10:49 am seeking his help in the case against the accused persons.

“These were his words if I may quote your honour. ‘Oduya desperate times calls for desperate measures’ , and he told me he was at the DPP’s office in Nairobi and he asked me if it was possible to book me a return ticket from Nairobi and back purposely to take the duplicate file which is pending before this court to Nairobi for revision,” he said.

The DCI officer said he declined the offer and immediately informed the DPP Kilifi and the Complainants lawyer Ndegwa Njiru about the matter.

Further he said he wrote a message to him telling him to desist from such attempts and he respondent that there would be no further communication.

To him it was a concern because it was meant to interfere with witnesses which he did not like adding that on several occasions he had attempted to give him a brown envelope.

Initially Kamundi tried to ask the court not to allow the detective from raising the concern and instead direct him to continue testifying so as to leave the matter to be raised by the prosecution but Magistrate declined and allowed the investigating officer to continue.

Njiru the complainants lawyer said the detective indicated to them about the interference and they drafted a letter before the DPP Kilifi which was before the court and dated February 14 2025 brining to the attention of the DPP about the interference.

“And its our position that counsel is an agent for the accused person and as such the advancements made by the counsel were made for and on behalf of the clients and Its our humble position that when the court was issuing bail terms one of the universal condition was that there must be non interference of witnesses,” he said.

Kamundi later denied any attempts to tamper with the witness stating that his aim was to facilitate the detective to travel to Nairobi to the DPP office with the duplicate file that was needed there.

However he said ever since the investigating officer declined there has been no further communication.

“Documents were refered to here which I did not have with the authority I went to see PC Obuya the next day he showed me his file gave me the documents and then I saw letters there from the DPP. ,” he said.

The Magistrate said he had noted the concerns by the detective and the complainants lawyers just to preserve the concerns as he did not know how if or in what way affect the evidence tendered or to be tendered.

“But most importantly will have a point of reference if any administrative actions will be taken by any affected person or persons or department of institutions but not to be used as part of the evidence so we proceed from there,” he directed.

The Detective later gave the court evidence that promted them to charge the suspects with conspiracy and fraud.

The two are accused of obtaining Sh. 15 million from Girola Fiorenzo and Sh. 17 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.

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 Sh. 17 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 Sh. 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. Hearing continues on March 13 2025.