NAIROBI,Kenya, Jul 7 – A Malindi court has charged two Italian nationals with reckless and negligent conduct over a fire that allegedly destroyed a luxury villa worth Sh667 million, ordering them to surrender their passports pending the determination of the case.
Franco Esposito, also known as Kososo wa Baya, and Elly Esposito appeared before Malindi Resident Magistrate Eva Adhiambo, where they were jointly charged with reckless and negligent conduct causing harm, contrary to Section 243(d) of the Penal Code.
The Office of the Director of Public Prosecutions (ODPP) says the duo are accused of failing to take reasonable precautions against a foreseeable danger after allegedly lighting an open fire on May 25, 2026, at Siro Land in Malindi Sub-County, Kilifi County.
“The accused allegedly failed to take reasonable precautions against a foreseeable danger by lighting an open fire, which is said to have spread uncontrollably and caused extensive destruction of property,” ODPP said.
The prosecution alleges the fire spread uncontrollably, resulting in the destruction of Duma Villa, a luxury property valued at approximately Sh667 million and owned by Nagia Dahmani.
The accused pleaded not guilty to the charge.
During the proceedings, Prosecution Counsel Mohamed Ahmed asked the court to compel the two accused to surrender their passports, arguing that the order was necessary to ensure they remain within the court’s jurisdiction and attend all subsequent proceedings.
The prosecution maintained that retaining the travel documents would minimise the risk of the accused leaving the country before the case is concluded.
In her ruling, Resident Magistrate Eva Adhiambo admitted each accused to a personal bond of Sh300,000 but ordered them to deposit their passports in court as a condition of their release.
The case will be mentioned on July 23, 2026, for pre-trial directions.