Two Italian nationals facing Ksh 32 million fraud charges in a Kilifi law court have reportedly proposed an out-of-court settlement with the complainants, who are fellow Italians if they withdraw the case.
In a letter dated November 28, 2024, Daniele Lo Coco and Massimo Nativi, through their lawyer Kinyua Kamundi, addressed the prosecuting counsel from the ODPP Winnie Otieno and copied to Ndegwa Njiiri.
The defense lawyer said that they were willing to pay Rita Nappo Ksh8 million in full and another Ksh3 million to Girola Fiorenzo if they both withdrew their criminal complaints and civil suit.
Apart from the ongoing criminal case before the Kilifi Chief Magistrate, there is a civil suit in Mombasa and another petition filed at the Malindi High Court.
The two accused Italians in the letter stated that from the cross-examination of Nappo and Fiorenzo the prosecution was malicious adding that the ODPP, the complainant’s lawyer and another lawyer a Mr Makworo acted on an application dated September 5 2025 without the knowledge and consent of the complainants which constitutes a gross misconduct.
Kamundi said that it was the perjury, forgery and uttering of false documents that led to the decision made by the Kilifi court on November 20 2024 where the two Italians were ordered to surrender their passports to the court
He also stated that as his clients consider all available options against Prosecution Counsel Ms. Winnie Otieno, Mr. Makworo, and Mr. Ndegwa, and in light of the complainants’ stated desire to abandon the villas, they were willing, entirely on a without-prejudice basis and subject to contract, to recommend an out-of-court settlement.
“In consideration of Rita Nappo abandoning all her claims to the Villa and withdrawing the criminal complaint and the civil suit and appeal at Mombasa our clients will pay to her the sum of Sh. 8,000,000.00 in full and final settlement. The suit and the appeal are to be withdrawn with costs to our clients,” said the proposal in part.
Further, the letter stated that once Fiorenzo withdraws the criminal complaint, then he and his wife Rossy Tetamanti withdraw Malindi CM ECL No. 237 of 2022 together with a written apology his clients will pay to him the sum of Ksh3,000,000.00 in full and final settlement.
He added that the suit has to be withdrawn and the appeals be settled with costs to his clients.
The criminal case before Kilifi Chief Magistrate James Mwaniki is at an advanced stage as only one witness the investigation officer is left to testify as three already witnesses testified.
The defense counsel had also filed two applications: one seeking the return of their clients’ passports and another alleging that an Italian witness had been masquerading as a lawyer in Kenya illegally.
Ndegwa Njiiri, the complainants’ lawyer, drew the court’s attention to the letter sent to them, which he claimed addressed issues and evidence before the court.
He said that strangely the defense lawyer in the letter was proposing an out-of-court settlement on a matter that was before the magistrate and the high court.
Njiiri said that he needed to get instructions from his clients regarding the letter, which is why he brought it to the attention of the court.
The magistrate gave the state counsel and the prosecution counsels 14 days to respond to the applications by the defense counsel and set the case for mention on December 16.
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 with intent to defraud they jointly obtained Ksh 17 million from Rita Nappo by pretending that 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 a fact they knew to be false.
In the second count, the two Italians were also 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 they obtained Sh. 15 million from Girola Fiorenzo by pretending that they were in a position to sublease her Villa number 4 B.
The villa is reportedly located on plot number Kilifi Jimba 1544, measuring approximately 0.327 hectares, a fact that the accused knew to be false.
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