Two Italian nationals Daniele Lo Coco and Massimo Nativi charged in a Sh. 20.8 million property fraud appearing before Malindi Principal Magistrate Nancy Makau on September 9, 2026. Photo Ben Okweingoti. 
By Ben Okweingoti
A Malindi court in Kilifi County has ordered the Office of the Director of Public Prosecutions (ODPP) to furnish two Italian nationals facing fraud charges amounting to more than Sh20.8 million with all documents it intends to rely on in the case.
Principal Magistrate Nancy Makau directed the prosecution to supply the accused persons, Daniele Lo Coco and Massimo Nativi, with the relevant statements and other documents within 14 days ahead of the hearing.
“Court has jurisdiction to hear and determine the application as has been framed and the prosecution is given 14 days to ensure that they supply all documents they wish to rely on and including the covering report,” Magistrate Makau ruled.
The court further directed that the two criminal cases against the Italians be heard separately before different magistrates.
Criminal Case No. 750 of 2026 will be handled by Court No. Three, while Criminal Case No. 751 of 2026 will be heard in Court No. Four. The first case will come up for pre-trial directions on September 24, 2026, while the second will be mentioned on October 7, 2026.
Lo Coco and Nativi, who are directors of Tamu Rafiki Real Estate Limited, denied the charges when they appeared before Magistrate Makau last week. They were subsequently released on a Sh4 million bond each with one surety.
The prosecution alleges that between March 11 and July 31, 2024, at Malindi Sub-County, the two conspired to defraud Matteo Campanini and Campanini Anna of €125,900, equivalent to approximately Sh19.36 million.
According to the prosecution, the two allegedly represented to the complainants that they had the authority to sell them Villa No. 7BD, situated on land parcel Kilifi/Jimba/2020.
The prosecution alleges that after receiving the money, the accused persons fraudulently sold the same villa to Nicholas Morello, despite having already agreed to sell it to Campanini and Anna.
In another count, the two are accused of selling Villa No. 7BD to the complainants in January 2024 while allegedly knowing that the property had been fraudulently registered and transferred to Tamu Rafiki Real Estate Limited.
The accused also face another conspiracy-to-defraud charge relating to the same villa and the €125,900 payment.
In the second criminal case, Lo Coco and Nativi are accused of obtaining €10,000, approximately Sh1.5 million, from Massimo Maini and Jacqueline Akoch Ikapel, directors of Jamani Limited.
The prosecution alleges that on March 27, 2024, the two falsely represented that they had the lawful capacity to sell Villa No. 12B, situated on land parcel Kilifi/Jimba/2019.
They are further accused of selling Villa No. 12B to Maini and Ikapel between February 28 and March 27, 2024, while allegedly knowing that the property had been fraudulently registered and transferred to Tamu Rafiki Real Estate Limited.
The accused persons, together with Tamu Rafiki Real Estate Limited and Rafiki Mile Watamu Limited, have also moved to the Malindi High Court challenging the proceedings.
In their notice of motion, they have named several respondents, including the Inspector General of Police, Director of Criminal Investigations, ODPP, land officials, Jamani Limited, the two complainants in the second case and other individuals.
The applicants argue that their rights were violated and are seeking, among other orders, a stay of the proceedings and orders issued by Principal Magistrate Nancy Makau.
The fraud allegations remain unproven, and the two Italian nationals are presumed innocent unless and until proven guilty by a court of law.
