A Kenyan-Italian, Franco Esposito, popularly known as Kasoso wa Baya, and his co-accused, Elly Esposito, have been charged in a Malindi court over an alleged reckless and negligent act.
Prosecutors allege the act led to the destruction of a luxury villa valued at Sh667 million.
The two appeared before Malindi resident magistrate Eve Adhiambo on Monday, where they denied the charge.
According to the charge sheet, the two are alleged to have failed to take reasonable precautions against a probable danger by allegedly starting an open fire and failing to contain it on May 25 at the Siro Land area in Malindi subcounty, Kilifi county.
Prosecutors allege the fire spread beyond their control, causing extensive damage and destroying Duma Villa, a property belonging to the complainant, Nagia Dahmani, and valued at Sh667 million.
The two were arrested on Monday and taken to court later the same day.
During the bond application, defence counsel urged the court to exercise leniency, arguing the first accused, Franco, is 83 years old and has deep roots in the Malindi community.
“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,” the defence lawyer told the court, urging the magistrate to grant bond on reasonable terms.
However, lawyer Cecil Miller, holding brief for the complainant, opposed a lenient release, citing the magnitude of the loss suffered by his client and concerns over the accused persons' nationality.
“The property in question, as can be seen from the charge sheet, that was destroyed is worth over Sh667 million. It has been admitted by my learned colleague that the accused persons have property next to the property that has been destroyed,” he submitted.
Miller told the court that although the defence had portrayed the first accused positively, Franco is also facing another criminal matter before the same court.
He also raised concerns that both accused persons possess Kenyan and Italian passports, arguing this increased the risk of them leaving the country before the case is heard and determined.
Magistrate Adhiambo noted the submissions made by both parties, including the prosecution's concerns over the accused persons' dual nationality and the pending criminal matter involving the first accused.
The magistrate, however, observed the existence of another criminal case does not amount to a conviction and every accused person is constitutionally presumed innocent until proven guilty.
She further noted the right to bond or bail is a constitutional right that must be determined on a case-by-case basis.
The court released Franco and Elly on personal bonds of Sh300,000 each.
As part of the bond conditions, the court ordered the two accused to deposit their passports with the court pending the hearing and determination of the case.
The matter will be mentioned on July 25, 2026, before Malindi principal magistrate Nancy Makau for further directions.
