How Italian 'quack lawyer' drafted charges against Malindi-based investors

A judicial wig is displayed. [Courtesy]

The prosecution trial on two Malindi Italian investors at the Kilifi law court has taken a twist after new details emerged on how an alleged fake lawyer and investigating officers conspired with the Office of the Director of Public Prosecutions (DPP) to approve fraud charges.

Armeno Modugno, an Italian and an alleged unqualified advocate, is said to have drafted the charges and written to the Director of Public Prosecutions (DPP) Renson Ingonga to reinstate charges that had been previously dropped.

The charges had reportedly been dropped after an officer from the Directorate of Criminal Investigations (DCI) in Watamu, Kilifi County, had closed the file after investigations revealed that the charges against the investors were false.

The court heard that the charges were approved by the immediate former Coast regional director of public prosecution, Mr Peter Kiprop.

Defence lawyer Kinyua Kamundi told Kilifi magistrate James Mwaniki that Kiprop allegedly approved the fraud charges against the two Italians who allegedly defrauded two other Italians of Sh32 million by purporting to sell them Villas in Watamu.

The alleged victims, Ms Rita Nappo and Ms Fiorenzo Girolaa, lost sh32 million in the deal. The alleged offence took place between August 2018 and February 2021.

Other officers accused in the saga are Malindi Principal Prosecution Counsel Joseph Mwangi, Kilifi Prosecution Counsel Winne Otieno, former Kilifi CCIO David Siele and Kilifi North DCIO Phoenix Oduya.

Daniele Lo Coco and Massimo Nativi, owners of Rafiki Limited, sold 10 villas in Rafiki Village and gave possession of those villas to the purchasers.

The Leases were prepared but the Land Registrar declined to register them and directed Rafiki Limited to seek a change of user, prompting Rafiki Limited to obtain such changes after surrendering the freehold title in exchange for a 99-year lease incorporating a change of user.

As the leases had already been executed and stamped, deeds of rectification had to be drawn up following the change of tenure of the property from freehold to leasehold.

Owners of seven of the villas executed the deeds of rectification and their sub-leases were successfully registered.

Owners of three villas refused to execute the deeds of rectification and alleged that they had been defrauded of the purchase price and reported the matter to the police.

However, a DCI officer in Watamu closed the case file after investigations carried out proved that there was no crime and Rafiki Limited was the owner of the property.

In a turn of events, the complainants escalated the issue to the Kilifi County CCIO, who appointed Police Constable Phoenix Oduya to reopen the investigation.

Without carrying out any further investigation, Mr Oduya wrote to the DPP falsely alleging that Rafiki Limited was not the owner of the property and recommended that the two accused be charged with obtaining by false pretences and conspiracy to defraud, which led to their arrest.

The two investors were arrested and released on Sh3 million bond each, with a surety of a similar amount.

One complainant had paid Sh5 million for the villa but the charge sheet reads that he had paid Sh15 million for the villa.

The other complaint paid Sh15 million but in the charge sheet, it reads she had been defrauded of Sh17 million.

The aggregate surplus of Sh13 million is alleged to be shared by the concerned prosecutors, the Investigating Officer and the CCIO.

In deciding to charge Malindi Principal Prosecution Counsel Joseph Mwangi falsely alleged that Rafiki Limited was never the owner of the property, even though he had certified copies of the Title, the Lease, the Certificate of Lease, the green card and other documents proving otherwise.

He made the decision to charge them with obtaining money by false pretences and conspiracy to defraud.

Upon application for review of the decision to charge, the DPP agreed that no offence was disclosed and directed that the Kilifi Principal Magistrate criminal case number 506 of 2023 be withdrawn under Section 87(a) of the Criminal Procedure Code in November 2023. The case was withdrawn.

The complainants went ahead through an unqualified Italian practising law in Kenya and allegedly wrote to Mr Ingonga on December 2, 2023, protesting against the withdrawal of the criminal case.

Mr Ingonga referred the protest to the Coast region DPP, Mr Kiprop, who reinstated the charges on the alleged false ground that Rafiki Limited was not the owner of the property and that the villas existed only on paper, leading to the rearrests of the Italian investors.

As part of the extortion and abuse of office, former Kilifi CCIO David Siele allegedly wrote to the Land Registrar, Kilifi and ordered a restriction on plot numbers Kilifi/Jimba/2017, 2018, 2019 and 2020 belonging to Tamu Rafiki Real Estate Limited, whose shareholders and directors are Nativi and Lococo.