Italians Massimo Nativi and Daniele Lo Coco before Kilifi Chief Magistrate James Mwaniki /HANDOUT
Two Italians charged with allegedly defrauding fellow Italians of Sh32 million will proceed to their defence after a Kilifi court declined their application for the release of their passports.
Daniele Lo Coco and Massimo Nativi appeared before Kilifi Chief Magistrate James Mwaniki as the criminal case resumed following the Court of Appeal's decision in May to reinstate the proceedings after months of litigation.
The two have been out on a Sh3 million bond each, with a surety of a similar amount, since 2024.
Their passports were confiscated after the prosecution argued they posed a flight risk.
Chief Magistrate Mwaniki declined to release the travel documents and scheduled the defence hearing for July 9 and 10, 2026.
The hearing was delayed for most of the day after the defence, led by lawyer Tukero Ole Kina, informed the court that the accused neither understood English nor Kiswahili and required an Italian interpreter.
Proceedings eventually resumed in the afternoon after interpreter Piero Canobbio arrived.
Lo Coco and Nativi are facing two counts of obtaining money by false pretence involving Sh32 million.
According to the charge sheet, the first count alleges that between August 30, 2018, and August 1, 2019, in Watamu, the two jointly obtained Sh17 million from Rita Nappo by falsely claiming they were in a position to sublease Villa No. 5A on Plot No. Kilifi/Jimba/1544, measuring approximately 0.327 hectares.
The second count alleges that between March 21, 2020, and February 24, 2021, in Watamu, the two jointly obtained Sh15 million from Fiorenzo Girola by falsely claiming they were in a position to sublease Villa No. 4B on the same property.
The case resumed after the Court of Appeal in Mombasa, on May 15, 2026, allowed an appeal by the Director of Public Prosecutions, overturning earlier High Court orders that had halted the criminal proceedings and suspended investigations.
The High Court in Malindi, presided over by Justice Mugure Thande, had previously stopped the trial before the Kilifi court and barred the Office of the Director of Public Prosecutions from continuing with the case pending the determination of related proceedings.
The Court of Appeal's decision cleared the way for both the investigations and the criminal trial to continue, paving the way for the accused to be placed on their defence.
The matter will return to the Kilifi Chief Magistrate's Court on July 9 and 10 for the defence hearing.
