Italian woman wants father who went missing in Kilifi declared dead

An Italian woman wants the High Court to declare her father who disappeared on a swimming expedition off the Kilifi coast eight years ago, legally dead.

She says the declaration will allow her bring closure to the matter and enable her inherit his estate in Kenya and Italy.

Monica Malpeli is the daughter of Rolando Malpeli who disappeared at sea on June 18, 2008 when he went swimming off Takaungu beach in Kilifi where he owned a famous restaurant which served Italian and African cuisine. His body was never recovered but days later swimming trunks said to belong to him washed onto the shores.

Monica, who lives in Italy, attempted to get a declaration of legal death last year before Justice Said Chitembwe in Malindi but lost because she did not provide documents to confirm her father lived in Kilifi, was lost in the sea and died.

The judge also ruled that she provided no proof of Mr Malpeli's disappearance or death to local authorities. Under the Evidence Act and other Kenyan law one can be declared legally dead if they disappear without trace for seven years.

Now she has embarked on a second attempt with an advertisement in the media asking members of the public to provide any information about her father's whereabouts.

"On June 18, 2007 the said Rolando Malpeli while swimming in the sea at Takaungu beach next to his residence went missing and it is feared that he may have drowned although to date his body has never been recovered," said Monica.

Monica, in a letter dated June 26 last year written to the police, explains that since seven years had elapsed and there was no communication from her father, she now wants to move to the High Court for orders of presumption of death so that the case can be closed.

"We shall be glad if you will kindly but urgently formally confirm to us that his body has never been recovered to enable the family close the case," said Monica.

In the letter written by the family lawyer Ayub Muhuni to Kilifi police she says: "Seven years having elapsed since the date of the incident with no communication of the whereabouts of the said Rolando Malpeli. We have instructions from the said daughter to move to the High Court for necessary orders of presumption of death so as to enable our client and her family seek closure of the matter and move on".

After he declined to declare Rolando dead last year, Justice Said Chitembwe asked the family to file another case after assembling necessary documents to prove its case.