Nairobi lawyer, co-accused face Sh36million gold fraud charges
In the suit, Alphonce Collins Odowo Osewe, a practising advocate of the High Court of Kenya has been charged alongside his co-accused is Patroba Odhiambo Tobias Allen Ishmael
The hospitalisation of a Nairobi-based lawyer has today disrupted court proceedings in a Sh36million gold fraud case, after Chief Magistrate Lucas Onyina directed that the ailing advocate must present himself for plea taking without further delay.
In the suit, Alphonce Collins Odowo Osewe, a practising advocate of the High Court of Kenya has been charged alongside his co-accused is Patroba Odhiambo Tobias Allen Ishmael.
The duo are facing serious economic crime charges where the lawyer is listed as the first accused.
According to documents filed in court, Osewe and Patroba are accused of defrauding Bernard Shicundu Aete USD 260,400 (Sh35,737,296) by falsely pretending they could sell him 400 kilograms of gold bars, a claim they knew to be false.
They are charged in a series of counts related to an alleged fake gold sale scheme, including obtaining money by false pretences contrary to Section 313 of the Penal Code and multiple counts under the Proceeds of Crime and Anti-Money Laundering Act.
Today, the case against lawyer Osewe and Patroba took a sudden turn at the Milimani Law Courts when the defence sought a 30-day adjournment, citing Osewe’s hospitalisation at Aga Khan Hospital and the need for overseas treatment for what was described as a “delicate medical procedure”.
The prosecution, however, disputed the claims, arguing that no medical records had been produced to substantiate the illness.
Prosecutors opposed the defence’s request for a 30-day adjournment, calling the period “too long” without credible evidence of the medical condition.
According to charge sheets filed by the Office of the Director of Public Prosecutions (ODPP), the accused allegedly orchestrated a sophisticated fraud between 1st and 9th May 2023 in Nairobi County.
And in a related count, lawyer Osewe is accused of obtaining Sh26.1million from Adeyeye Enitan Ogunwusi, using the same alleged gold bar scheme.
The charge sheets further outline money laundering offences, claiming the accused used and acquired these funds while knowing they were proceeds of crime.
In its ruling, the court directed that Osewe must appear for plea taking the following day, though his existing bond terms remain in force.
His co-accused, Patroba, will remain in custody pending bond determination.
Defence lawyers maintain that Osewe, as a licensed advocate with an established practice and known address, poses no flight risk.
They further noted that he had attended all five previous mention dates before his hospitalization. The charges under the Proceeds of Crime and Anti-Money Laundering Act signal a tougher stance by the government, targeting not only fraudulent transactions but also the movement and concealment of illicit funds.
If convicted, the accused face severe penalties, including lengthy prison terms, asset forfeiture, and potential disciplinary action from the Law Society of Kenya.
The case continues tomorrow, with plea taking expected to proceed and bond terms for the second accused to be finalised.
