Why the DPP wanted Italian and Kenyan tycoons to remain in police custody

Businessmen Isaac Rodrot (left) and his Italian counterpart Stefano Uccelli. FILE PHOTO | TWITTER

A Kenyan investor and his Italian business partner embroiled in the prolonged battle over the acquisition of the luxurious Temple Point Resort hotel in Kilifi were arraigned in a Mombasa Law court on Tuesday June 2, 2020 . The duo had been under police detention since Thursday May 28, 2020.

The two- Mr  Stefano Uccelli and Mr  Isaac Rodrot alias Mwaura –  had been arrested in Malindi by detectives from the Directorate of Criminal Investigations. The detectives alleged that the suspects were conspiring to defraud Hans Jurgen Langer and his wife of their property by falsely pretending that they were the genuine directors of Salama Beach Hotel (now Temple Point Resort). Moreover, the duo had also stole 840,00 euros from Accredo AG.

The ODPP levied charges of conspiring to defraud as contrary to Section 317 of the Penal Code. According to documents procured by the prosecutors ,Mr Uccelli and Mr Rodrot had obtained false registration documents of Salama Beach Hotel. In the alleged forged document signed and issued by Senior Counsel Faith Chirchir from the Registrar of companies in Nairobi, the accused claimed that prior to assuming ownership of the Hotel they had been respectively employed as director and assistant director of the Hotel.

The prosecution also read to the duo the charge of stealing by servant as contrary to Section 281 of the Penal Code. The particulars of this charge are that on various dates between March 16 and July 14, 2010 at the Barclays bank branch in Kilifi, the accused being servants of the Hotel and employed in the capacity of director and resident manager collectively stole 840,000 euros being property of Accredo AG. 

Mombasa Principal Magistrate Elvis Michieka released the accused each on a kSh 200,000 cash bail or an alternative kSh 500,000 bond. The accused were also given two bail conditions: that they will deposit their passports in court and that they would not interfere with witnesses. 

The office of the Director of Public Prosecution Noordin Haji had opposed the bail application and wanted the two to be detained for another two weeks. However, the magistrate dismissed the ODPP’s opposition noting that there was no need to continue holding the accused in custody yet they had been with the police for a considerable number of days.

The case is scheduled for a mention on June 18, 2020

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