Lawyer arrested in court, charged over Sh61.8m gold scam

A lawyer has been charged with receiving more than Sh61.8 million through tricks from two gold dealers three years ago.

Mr Alphonce Collins Odoyo Osewe, who was detained in prison custody until August 6, 2026, had allegedly failed to take a plea in the case for one year.

Mr Osewe, prosecuting counsel Hilary Isiaho said, was jointly charged with Patroba Odhiambo Tobias, alias Ishmael, and had been sought by police.

“There has been a pending warrant of arrest against the accused for almost a year since August 2025, almost a year,” Mr Isiaho stated.

“Police arrested the accused from Milimani Law Courts when he appeared alongside other lawyers to defend Mukurweini MP John Kaguchia on August 5, 2026."

The magistrate heard that the advocate was brought to court on a warrant of arrest that had been awaiting execution.

He was accused of tricking Aete and Ongwunusi into giving him a total of Sh61,837,296 between May 1 and 9, 2023, allegedly claiming he would deliver 400 kilogrammes of gold to each of them.

Mr Osewe denied before Nairobi Milimani Law Courts Chief Magistrate Gethi Kibiru that he had defrauded Messrs Bernard Shiaundu Aete and Adeyeye Enitan Ogwunusi of the colossal sum.

From Mr Aete, the court heard, Mr Osewe allegedly fraudulently received $260,400 (Sh35,737,296).

From Mr Ongwunusi, the accused allegedly received Sh26,100,000, claiming he was in a position to sell him 400kg of gold, a fact he allegedly knew to be false.

He was also accused of receiving and using proceeds of crime, knowing that the money had been illegally acquired.

The alleged fraud was committed between May 1 and 9, 2023, within Nairobi.

When he allegedly obtained the money, prosecutor Hilary Isiaho said, Mr Osewe claimed he was in a position to sell each of the two international businessmen 400kg of gold.

Mr Isiaho told the court that the advocate knew very well that he was not in a position to supply the precious metal to Mr Aete and Mr Ongwunusi.

The accused applied to be released on bond, which was vehemently opposed by Mr Isiaho, who said Mr Osewe had skipped court for one year, leading to the issuance of a warrant of arrest against him.

The court heard that police could not trace the accused after he allegedly shifted from his residence.

However, in rebuttal, the advocate said he had fallen sick and travelled to India twice for treatment.

Mr Osewe asked the magistrate not to be swayed by the prosecution, saying his overseas travel history and medical records were available.

“I am not a flight risk as the prosecution wants to impugn. I had sent information to former Chief Magistrate Lucas Onyina that I was indisposed and flown to India for treatment,” Mr Osewe told the court.

He added that he is an advocate and could not peddle lies to the court regarding his health status.

Mr Osewe told the court that he had not moved from his Kileleshwa residence and that police knew his whereabouts.

“Upon return from India, I presented myself to court and I was informed the case had been listed for hearing on August 12, 2026,” Mr Osewe stated.

He urged the court to free him on bond on humanitarian grounds, saying he had been unwell and had sought treatment overseas.

The magistrate reserved his ruling for August 6, 2026.

Meanwhile, the court ordered police to return the Sh50,000 cash bail that the accused had been released on.

The investigating officer handed over the cash to Mr Osewe before he was escorted into custody.

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