Two Kenyan-Italians and a Malindi-based politician have been arraigned in court over a fire that allegedly razed a luxury villa worth Ksh667 million in Kilifi County, in a case that has drawn attention due to the massive value of the destroyed property.
The three suspects were charged by the Office of the Director of Public Prosecutions (ODPP) before Malindi Resident Magistrate Eva Adhiambo on allegations that their actions led to the devastating blaze that destroyed the high-end property.
Franco Esposito, also known as Kososo wa Baya, and Elly Esposito were jointly charged with reckless and negligent conduct causing harm, contrary to Section 243(d) of the Penal Code.
The ODPP also confirmed that a Malindi-based politician is facing charges in connection with the incident.
According to court documents, the prosecution alleges that on May 25, 2026, at Siro Land in Malindi Sub-county, the accused persons failed to take reasonable precautions after lighting an open fire, allowing it to spread uncontrollably.
The prosecution argues that the blaze ultimately engulfed and destroyed Duma Villa, a luxury property owned by Nagia Dahmani and estimated to be worth approximately Ksh667 million.
The enormous value attached to the villa places the incident among the most expensive property destruction cases to be prosecuted in recent years.
During the court proceedings, Prosecution Counsel Mohamed Ahmed asked the court to compel the accused persons to surrender their passports, arguing that the order was necessary to guarantee their attendance throughout the trial.
Ahmed submitted that retaining the travel documents would minimise the risk of the accused leaving the court's jurisdiction before the case is concluded.
"The measure was necessary to ensure their continued attendance before the court and to minimise the risk of them leaving the court's jurisdiction while the case is pending," the prosecution argued.
The prosecution further requested that the passports remain in the custody of the court until the criminal proceedings are fully determined.
The accused persons denied the charges and pleaded not guilty.
In her ruling, Resident Magistrate Eva Adhiambo admitted each accused to a personal bond of Ksh300,000.
The magistrate also granted the prosecution's request by directing the accused to deposit their passports in court as part of their bond conditions to secure their attendance during the trial.
The case is expected to return to court on July 23, 2026, when it will be mentioned for pre-trial directions before hearing dates are set.
The prosecution will seek to demonstrate that the accused's alleged negligence directly contributed to the inferno that destroyed the multimillion-shilling property, while the defence is expected to challenge the allegations during the trial.
At this stage, the charges remain allegations, and the accused are presumed innocent unless proved guilty in court.
