A Kenyan-Italian businessman and his co-accused have denied charges of negligence after prosecutors alleged that an open fire they started spread out of control and destroyed a luxury villa worth Sh667 million in Kenya’s coastal town of Malindi.
Franco Esposito, widely known locally as Kasoso wa Baya, and Elly Esposito appeared before Malindi Resident Magistrate Eve Adhiambo on Monday. Both pleaded not guilty to a charge of failing to take reasonable precautions against a foreseeable danger.
According to prosecutors, the incident occurred on May 25 in the Siro Land area of Malindi Sub-county, Kilifi County. The State alleges the pair lit an open fire but failed to contain it, allowing the flames to spread and consume Duma Villa, a high-value property owned by Nagia Dahmani.
Investigators claim the blaze caused extensive damage, with the property estimated to be worth Sh667 million.
The two were arrested earlier on Monday before being presented in court.
Defence cites age and community ties
During the bond hearing, defence lawyers urged the court to release the accused on reasonable terms. They argued that Franco Esposito, 83, has lived and invested in Malindi for decades and is unlikely to abscond.
“His heart is well rooted in this country. All their investments are within Malindi and this property has been there for the past 40 years,” defence counsel told the court.
The defence maintained that the accused have strong family and business ties to the area.
Prosecution raises flight risk concerns
Lawyer Cecil Miller, appearing for the complainant, opposed a lenient bond. He pointed to the scale of the alleged loss and argued that both accused hold Kenyan and Italian passports, increasing the risk that they could leave the country before the case is concluded.
Miller also informed the court that Franco Esposito is facing another criminal case before the same court, though he did not suggest that amounted to a conviction.
“The property in question… is worth over Sh667 million,” Miller submitted, adding that the accused own neighbouring property.
Court grants bond with conditions
In her ruling, Magistrate Adhiambo said the existence of another criminal case could not be treated as proof of guilt, noting that every accused person is presumed innocent unless proven otherwise.
She also observed that the right to bail or bond is protected under the Constitution and must be considered on the facts of each case.
The court released both Franco and Elly Esposito on personal bonds of Sh300,000 each.
As part of the conditions, the magistrate ordered them to surrender their passports to the court pending the hearing of the case.
The matter will return to court on July 25, 2026, before Principal Magistrate Nancy Makau for further directions.
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