Villas at Centre of Case Exists, Court Told

By The COAST Reporter

Email, thecoastnewspaper@gmail.com

Defence hearing in a case where two Italian nationals have been charged with obtaining money by false pretences kicked off with a lawyer saying two villas at the centre of the case existed.

Mr Turana ole Kina, who is a defence witness for the two Italians, told the court that allegations that the villas existed on paper, yet they physically existed were shocking.

The witness told Kilifi chief magistrate James Mwaniki that following information that the accused had been arrested he took police officers to see the villas.

Mr Daniele Lo Coco and Massimo Nativi are alleged to have jointly while acting as the directors of Rafiki Ltd with intent to defraud obtained Sh17 million from Ms Rita Napo by falsely pretending that they were in a position to lease her a villa on a parcel of land, a fact they knew to be false.

They are alleged to have committed the offence on diverse dates between August 30, 2018, and February 11, 2020, at Watamu area in Malindi, Kilifi County.

The accused are also alleged to have obtained Sh15 million from Girola Florenzo by falsely pretending that they were in a position to lease him a villa on a parcel of land a fact they knew to be false.

The offence is alleged to have been committed on various dates between March 21, 2020, and February 24, 2021, at Watamu area, Kilifi.

Mr Kina,who was being led in his evidence by defence lawyer Kinyua Kamundi,told the court that he met the accused sometimes in 2013 when they visited his office with an intention to register a company to use it for investment.

According to the witness testimony,the accused acquired land through Rafiki Ltd which acquired freehold interest in it.

“The property is in Watamu, I saw plans which indicated they were going to have mixed developments to sell to interested buyers,”said Mr Kina.

The witness told the court that it was impossible if the lease of Ms Napo and Mr Florenzo could have been entered if Rafiki Ltd was not the owner.

The defence witness said that he was unable to put into perspective the position of the prosecution on the ownership of a parcel of land.

Mr Turana ole Kina who was referred to a document indicating that a prosecutor had confirmed that the land belonged to Rafiki Ltd and at the same time the prosecution denying the company’s ownership, said he could not comprehend the two positions.

Further defence hearing has been fixed for August 21,where the witness is expected to be cross examined by the defence.