Two Italian Nationals Charge in Kilifi Court for Defrauding Fellow Italians Ksh32 Million

By Julius Mwabonje

Email, thecoastnewspaper@gmail.com

Two Italian nationals, Daniele Lo Coco and Massimo Nativi, have appeared in a Kilifi magistrates court for the resumption of their criminal case that they are accused of defrauding fellow Italians Ksh32 million.

The two, appeared before Chief Magistrate James Mwaniki who is set to make a ruling on whether they will be given their passports or not.

They are accused of defrauding Mr Fiorenzo Girola, Ms Rosa Tettamanzi and Ms Rita Nappo. They had moved to higher courts to try and stop the lower court’s proceedings in vain.

The Court of Appeal in Mombasa on May 15 2026 directed the case to proceed in the lower court arising from an appeal filed by the Director of Public Prosecutions (DPP) through prosecutor Joseph Mwangi Kamanu against previous decisions of the High Court in Malindi presided over by Justice Thande.

The High Court had ordered the suspension of the criminal proceedings pending before the Kilifi Court, while also directing the police to suspend any further investigations against the two accused persons and restraining the office of DPP from proceeding against them until the final determination of the matter before the High Court.

Earlier, the DPP filed an appeal before the Court of Appeal in Mombasa, first obtaining a stay of the effects of the High Court decisions and subsequently securing the appeal.

In the ruling delivered on May 15 2026, the Court of Appeal fully allowed the DPP’s appeal, setting aside all orders issued by the High Court in Malindi and thereby allowing the criminal proceedings and investigations against the two accused persons to resume.

At the same time, before the Environment and Land Court (ELC), the two accused persons also suffered another judicial setback.

Justice Makori dismissed the application filed by the defence seeking to strike out the proceedings brought by Matteo Campanini, who accuses Lo Coco and Nativi of having sold two apartments built on allegedly illegal titles.

According to the court records, through another company, Tamu Rafiki Real Estate Ltd, a company owned by foreign shareholders, the accused persons allegedly acquired Title Deed No. 1870 in violation of Article 65 of the 2010 Constitution of Kenya, which limits the ownership of freehold land by foreigners.

Subsequently, according to the allegations, the title was converted into leasehold and subdivided into plots No. 2917, 2918, 2919 and 2920, upon which apartments were allegedly built and sold to Italian citizens, including Matteo Campanini and his aunt.

Justice Makori ordered that the claims raised by the claimant deserved to proceed to full hearing on merit, dismissing the defence arguments that the proceedings were frivolous and vexatious.