DPP escalates row with two investors over ownership of Kilifi hotel

“Take notice that the DPP, being dissatisfied with the judgment and decree of the three-judge bench comprising of Justices Mugure Thande, Anne Ong’injo, and Kizito Magare, delivered electronically on October 25, 2024, intends to appeal against the whole of the decision to the Court of Appeal in Malindi,” said Senior Prosecution Counsel Joseph Mwangi on behalf of the DPP.

The three judges quashed the charges against Mr Uccelli and Mr Rodrot, finding that their arrest, detention and prosecution for the alleged offences, which allegedly took place 10 years ago and related to matters still before the civil court, were not in good faith, were oppressive and not in the public interest.

The bench ruled that while the Office of the Director of Public Prosecutions (ODPP) and the Inspector General of Police (IG) must be allowed to discharge their mandate unhindered, such discharge must be within the confines of the law.

“The decision to charge them many years after the offences were allegedly committed, along with how they were transported to Mombasa under the then prevailing circumstances, denied Mr Uccelli and Mr Rodrot their constitutional right to procedural fairness,” the judges said.

The judges also ruled that these criminal proceedings were not in the interest of the administration of justice or motivated by the need to prevent and avoid abuse of the legal process, and therefore could not stand.

Read: German investor wants three Appeal judges to recuse themselves from Sh1bn hotel ownership case

According to court records, the investigation into the crimes for which Mr Uccelli and Mr Rodrot were charged was completed in 2015.

However, they were charged five years later, and 10 years after the complaint was made that they had fraudulently taken over ownership of the resort from Mr Langer, along with another charge of theft involving €840,000.

The judge said the ODPP and the IG had a duty to act promptly, efficiently, lawfully, reasonably and fairly.

"We find that the ODPP and the IG did not accord Mr Rodrot and Mr Uccelli fair administrative treatment as required by the Constitution and the Statute," the judges said.

However, the judges declined to address the issue of infringement of Mr Rodrot's and Mr Uccelli's right to ownership of the hotel, arguing that the issues of shareholding, directorship, management and occupation of the luxury resort were still before the High Court.

"It is for this reason that we consider that the High Court is best placed to make a final determination of the said issues. It is only after the determination of the claim that the issue of infringement of the right to property can be addressed," the judges said.

The judges then quashed all the criminal cases that Mr Rodrot and Mr Uccelli were facing in the Mombasa and Malindi courts arising from the dispute over the ownership and occupation of the hotel.

Mr Uccelli and Mr Rodrot were facing eight charges, including conspiracy to defraud Mr Langer, the hotel owner, and theft of 840,000 euros from Accredo AG.

The prosecution alleged that the two conspired to defraud Mr Langer by obtaining a false registration of the hotel on the Certificate of Incorporation, falsely pretending to be genuine directors of the hotel and capable of acting as its directors.

They were also accused of falsely obtaining the registration of directors of the company under false pretences, which effectively made them the owners of the luxury hotel.

According to the state, Mr Uccelli and Mr Rodrot had been employed by the hotel as a director and assistant accountant, respectively, before taking over the resort.