A Kilifi law court has dismissed two key applications by Italian nationals Daniele Lo Coco and Massimo Nativi, who are facing fraud charges totaling Sh. 32 million.
The two men had requested the court to return their passports, but the Chief Magistrate, James Mwaniki, found no merit in their claims.
The accused had applied for the reversal of previous orders issued in December 2024, seeking to have their passports returned.
They argued that a previous affidavit presented by Rita Nappo, the complainant in their fraud case, was fraudulent, claiming she had no knowledge of the law firm involved.
However, Nappo later clarified that she indeed knew the law firm and the attorney personally, disproving the accusation of forgery.
This led Magistrate Mwaniki to rule that the affidavit was valid and that the fraud allegations against the two Italians remained intact.
Additionally, the court dismissed their application to allow them to travel to Italy.
The prosecution, led by Investigating Officer Phelix Oduya, had opposed this move, citing concerns over the accused being a flight risk and ongoing investigations into other complaints against them.
The court acknowledged these concerns, highlighting the serious nature of the charges and the potential risk to the complainants in related cases.
The two Italian nationals face allegations of fraud related to the subleasing of two villas in the Watamu area of Malindi.
They are accused of defrauding two individuals, Rita Nappo and Girola Fiorenzo, out of a combined total of Sh. 32 million by falsely claiming to have the ability to sublease villas they did not own.
The case is still underway, with the court prioritizing its swift resolution.
In the end, both applications were rejected, and the fraud case will continue to be heard, with a focus on bringing the matter to a prompt conclusion.
