Court rejects plea by two Italians facing Sh32million fraud charges

A magistrate court in Kilifi has ruled that it has the jurisdiction to hear a case against two Italians charged with defrauding their compatriots with Sh32 million.

Daniel Lo Coco and Massimo Naviti allegedly defrauded their compatriots on the pretext of subletting them at a beach resort in Watamu in Malindi.

However, Coco and Nativi denied the charges and were granted a bond of Sh3 million each with one Kenyan surety of a similar amount.

The accused have, however, filed a barrage of applications in Malindi and Kilifi against the court and magistrates seeking some judicial officers to recuse themselves from the case, alleging bias.

In the latest application, through their lawyer, Kinyua Kamundi, the two challenged the Kilifi magistrate court’s jurisdiction to hear the matter as the offense allegedly happened in Malindi. 

Kamundi had also applied to have the passports of his clients confiscated by the courts be returned to them to enable them to travel to Italy. 

However, Kilifi Chief Magistrate James Mwaniki dismissed the application to strike out the case, stating that the court was properly seized of the matter. 

Mwaniki said there were no clear-cut demarcations on the court’s jurisdiction, and what exists are political boundaries and that the court has overlapping jurisdiction.

“Regarding geographical jurisdiction of the courts, there is no clear-cut demarcation and they appear to take the political boundaries and may have such overlapping jurisdiction,” he said.

He added: “In the present case, the offenses 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 to appear before this court to answer to the present charges. This court thus has territorial jurisdiction to hear the case.”   

Kamundi, however, protested, saying that the matter was being dragged after the third witness failed to run 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 had intent to defraud when they jointly obtained Sh17 million from Rita Nappo by pretending 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, which they knew to be false. 

In the second count, the two Italians are 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, obtained Sh15 million from Girola Fiorenzo, pretending they will 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.