By Ben Okweingoti.
Two Italian nationals facing charges of allegedly defrauding fellow Italians of Sh32 million have suffered a setback after a Kilifi court declined their application to have their passports released.
Daniele Lo Coco and Massimo Nativi appeared before Kilifi Chief Magistrate James Mwaniki as the long-running criminal case resumed following the collapse of attempts to halt the proceedings through the superior courts.
The two were released on a Sh3 million bond each, with a surety of a similar amount, in 2024. At the time, the court ordered the surrender of their passports after the prosecution argued that they posed a flight risk.
Their latest bid to recover the travel documents was dismissed, clearing the way for the trial to proceed.
The case resumed after the Court of Appeal in Mombasa, on May 15, 2026, directed that the matter continue before the Kilifi Magistrate's Court. The appellate court's decision followed an appeal by the Director of Public Prosecutions (DPP), represented by prosecutor Joseph Mwangi Kamanu, challenging earlier orders issued by the High Court in Malindi.
The High Court, presided over by Justice Thande, had previously suspended the criminal proceedings before the Kilifi court. It had also ordered police to halt further investigations and restrained the Office of the Director of Public Prosecutions from prosecuting the two Italians pending the determination of the matter before the High Court.
According to the charge sheet, the alleged offences were committed on various dates between August 30, 2018, and February 24, 2021, in Watamu, Kilifi County.
In the first count, Lo Coco and Nativi are accused of jointly obtaining Sh17 million from Rita Nappo between August 30, 2018, and August 1, 2019, by falsely claiming they were in a position to sublease Villa No. 5A on Plot No. Kilifi/Jimba/1544, measuring approximately 0.327 hectares.
In the second count, the prosecution alleges that between March 21, 2020, and February 24, 2021, the two obtained Sh15 million from Girola Fiorenzo by falsely representing that they could sublease Villa No. 4B, situated on the same parcel of land.
The hearing was delayed for several hours after defence lawyer Tukero Ole Kina informed the court that his clients could neither understand English nor Kiswahili, necessitating the services of an Italian interpreter.
Proceedings eventually commenced in the afternoon after interpreter Piero Canobbio arrived at the court.
Chief Magistrate Mwaniki scheduled the defence hearing for July 9 and 10, 2026, when the case will continue.
