Kilifi Detective Alleges Bribery Attempt in KSh 32M Fraud Case Involving Italians
A detective in Kilifi investigating a KSh 32 million fraud case involving two Italian nationals has alleged that they attempted to bribe him in an effort to compromise the case.
Phenix Oduya, testifying before Kilifi Chief Magistrate James Mwaniki, claimed that the suspects’ lawyer, Kinyua Kamundi, repeatedly attempted to hand him a brown envelope. The case involves Daniele Lo Coco and Massimo Nativi, who are accused of defrauding fellow Italians by falsely promising them subleased properties in Watamu.
Bribery Allegation Detailed in Court
Oduya, the fourth and final witness in the case, told the court that Kamundi had called him after the last hearing and later visited his office, claiming he had not been served certain documents. The detective complied and provided the necessary paperwork.
He further alleged that on February 4, Kamundi contacted him at 10:49 a.m., seeking his assistance in the case.
“These were his words if I may quote, Your Honour: ‘Oduya, desperate times call for desperate measures,’” Oduya stated.
He added that Kamundi, who was at the Office of the Director of Public Prosecutions (DPP) in Nairobi at the time, offered to book him a return flight to Nairobi. The purpose of the trip, according to Kamundi, was to deliver a duplicate file related to the case for revision.
The detective said he declined the offer and immediately reported the matter to the DPP in Kilifi and the complainants’ lawyer, Ndegwa Njiru. Additionally, Oduya sent Kamundi a message warning him against such actions, after which the lawyer allegedly assured him there would be no further attempts.
Court Allows Detective to Testify on Interference
During the proceedings, Kamundi requested the court to prevent Oduya from raising the bribery claims, arguing that such matters should be addressed by the prosecution at a later stage. However, Magistrate Mwaniki dismissed the request and allowed the detective to continue his testimony.
Njiru, representing the complainants, told the court that they had documented the allegations and submitted a formal complaint to the Kilifi DPP in a letter dated February 14, 2025.
“It is our position that the counsel acted as an agent of the accused persons. Therefore, any approaches made by him were done on their behalf. When the court granted bail, a universal condition was that there must be no interference with witnesses,” Njiru emphasized.
Kamundi Denies Wrongdoing
In response, Kamundi denied any attempt to interfere with witnesses, maintaining that his only intention was to facilitate Oduya’s travel to Nairobi with the duplicate file required by the DPP.
“Documents were referenced here that I did not have. With the necessary authorization, I visited PC Obuya the next day, reviewed his file, and obtained the documents, including letters from the DPP,” Kamundi stated.
Magistrate Acknowledges Concerns
Magistrate Mwaniki noted the bribery concerns raised by Oduya and Njiru, stating that while they might not directly impact the evidence, they would be documented for future reference.
“These concerns are on record, not necessarily as evidence but for administrative reference if any affected person, department, or institution takes action,” the magistrate ruled.
Following this, Oduya proceeded to present evidence leading to the fraud charges against the two Italians.
Details of the Fraud Case
Lo Coco and Nativi are accused of obtaining KSh 15 million from Girola Fiorenzo and KSh 17 million from Rita Nappo by falsely claiming they could sublease them houses at Rafiki Village in Watamu between 2018 and 2021.
According to the prosecution, between August 30, 2018, and August 1, 2019, the two allegedly defrauded Rita Nappo of KSh 17 million by pretending they could sublease her Villa No. 5A. The villa, located on plot number Kilifi Jimba 1544, measures approximately 0.327 hectares. The suspects were reportedly aware that their claim was false.
In the second count, between March 21, 2020, and February 24, 2021, the accused allegedly defrauded Girola Fiorenzo of KSh 15 million, using a similar scheme involving Villa No. 4B, also situated on plot number Kilifi Jimba 1544.
The hearing is set to continue on March 13, 2025.
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Kilifi Detective Alleges Bribery Attempt in KSh 32M Fraud Case Involving Italians
