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Lawyer in Sh61.8m gold fraud case released on Sh1m bond

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A Nairobi lawyer accused of obtaining more than Sh61 million in a disputed gold transaction has been released on a Sh1 million bond or an alternative cash bail of Sh300,000.

Alphonce Collins Odoyo Osewe was released by Milimani Chief Magistrate Gethi Kibiru after denying six charges, including obtaining money by false pretences, acquisition of proceeds of crime and use of proceeds of crime.

The court directed Osewe to provide his physical and postal address as part of his bond terms.

He was also ordered to attend court physically on all scheduled dates.

Osewe had been detained at Kilimani Police Station pending the determination of his bail and bond application after his arrest on August 4, 2026.

The prosecution had opposed his release, arguing that he was a flight risk after allegedly failing to appear in court for plea-taking for nearly a year.

According to an affidavit by DCI investigating officer Corporal Dennis Mugambi, Osewe had initially been arrested and released on police cash bail on August 14, 2025, pending legal advice from the Office of the Director of Public Prosecutions.

The Police alleged that after the charges were approved, Osewe was informed of the date he was required to appear in court but failed to attend.

The prosecution further alleged that several summons requiring him to attend court were ignored, leading to the issuance of warrants of arrest.

Osewe was subsequently arrested by DCI officers pursuant to the warrants.

He is jointly charged with Patroba Odhiambo Tobias, alias “Ishmael”, over allegations arising from a purported gold transaction involving two complainants.

The prosecution alleges that between May 1 and May 9, 2023, Osewe and Tobias obtained USD260,400, equivalent to Sh35.7 million, from Bernard Shiaundu Aete after falsely claiming they could supply him with 400 kilogrammes of gold bars.

Osewe separately faces an allegation that he obtained Sh26.1 million from Adeyeye Enitan Ogunwusi between May 4 and May 5, 2023, after making a similar representation about the sale400 kilogrammes of gold.

The two also face charges of allegedly acquiring and using proceeds of crime arising from the transactions.

The gold dispute had previously spilt into the High Court, where Ogunwusi, Aete, and other parties filed a civil case against Osewe and several other defendants.

In a March 2024 ruling, the High Court recorded the complainants’ allegation that they had transferred a total of USD610,000 into an account associated with Osewe for onward transmission to a seller of the purported 400 kilogrammes of gold.

The complainants alleged that they never received the gold or a refund and further claimed that documents presented to support the transaction, including certificates of origin and ownership, were forged. The matter was reported to police, according to the court record.

Osewe, who is an advocate, had opposed the civil application and disputed the claims made against him.

 

Written by
Irene Onyango

I’m a passionate and driven journalist with a strong focus on court reporting, but my curiosity knows no bounds. I’m drawn to stories that peel back the layers of society and reveal how the world truly functions. Whether in a courtroom or on the streets, I strive to tell stories that inform, inspire, and reflect the heartbeat of humanity. Through my writing, I aim to be a bridge between truth and understanding always evolving, always seeking the next story worth telling.

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