Nairobi Lawyer in Ksh 35 Million Gold Scam Ordered to Appear In Court

The Nairobi court has directed the city lawyer involved in the Ksh 35 million gold scam to appear on November 17 this year to face charges of theft.

Alphonce Collins Odoyo Osewe failed to appear in court to enter a plea; his lawyer informed the court that he is unwell and preparing to travel to India for medication.

“Your honor, my client has been given three days of bed rest by the AghaKhan Hospital before traveling to the said facility situated in India for further treatment,” the lawyer said.

While giving directions, Milimani Chief Magistrate Lucas Onyina directed the suspect to appear on November 17, 2025, to enter a plea to the charge of stealing.

“I hereby direct the officer investigating the matter to serve the summons to the suspect to appear in court on the said dates to face charges,” the magistrate said.

According to the court documents, Osewe will be charged with six counts of obtaining money by pretense, use of proceeds of crime, and acquisition of proceeds of crime.

In the meantime, his accomplice, Patroba Odhiambo Tobias alias Ishmael, was charged with three counts: obtaining money by pretense, acquisition of proceeds of crime, and use of proceeds of crime.

He was charged that on diverse dates between May 1 and 9, 2023, at Nairobi county within the republic of Kenya, with intent to defraud, jointly obtained USD 260,400 (equivalent to Ksh 35,737,296) from Bernard Shiaunda Aete by falsely pretending to be in a position to sell him 400 kilograms of gold bar, which was a false fact.

In the second count, the prosecution told the court that, between the said dates, jointly with Osewe, they acquired the proceeds of crime contrary to the law, whilst they knew the same formed part of the crime.

They were further jointly charged with using the proceeds of crime by transacting in the said monies.

The lawyer pleaded with the court to release the accused on lenient bond terms, citing that he has been cooperating with investigators for the last two months.

The prosecution on Thursday requested the court to detain Odhiambo pending the officer investigating the matter presenting an affidavit raising issues that would convince the court to deny him bond.  

In the affidavit, the officer alleged that Odhiambo had threatened the accused with a pistol, hence requesting the court to warrant his detention.

In determining the matter, the court considered the applications by the defense and the prosecution and noted that the accused person was out on a police bond of Ksh 100,000. He also said that the accused person had been cooperative with investigators, a fact that was not disputed.

“I have noted that the accused person was out on police bail, and he had been cooperating with investigators. His place of abode is known, and no dispute was raised on that,” the magistrate said.

On the issue of alleged threats, the magistrate noted that no report was made to the police to substantiate the allegations, and that, by itself, cannot form a ground to deny the accused his right to liberty.

He proceeded to release the accused on a bond of Ksh 2 million, without the option of cash bail.