Temporary reprieve for lawyer Conrad Maloba in alleged Sh60.8million gold scamming suit

The High Court in Kiambu has prolonged conservatory orders stopping the prosecution of advocate Conrad Anangwe Maloba, who is facing allegations of fraud and money laundering arising from a multimillion-shilling gold transaction amounting to Sh60.8million.

Justice Bahati Mwamuye extended the orders until next month when he is expected to deliver a ruling on the matter. The court also allowed the Law Society of Kenya (LSK) more time to consider whether it will join the proceedings.

The orders continue to bar the Director of Public Prosecutions (DPP), the Directorate of Criminal Investigations (DCI) and the Inspector General of Police from arresting, charging or prosecuting Maloba, as well as advocates and staff attached to his law firm, Conrad Law Advocates LLP.

The advocate was initially arrested and held pending arraignment before successfully obtaining orders for his immediate release.

Although he was later re-arrested on May 9, 2026, and presented before the Milimani Law Courts for plea taking, the proceedings were suspended after the High Court intervened and issued conservatory orders.

At the centre of the dispute is a transaction involving funds allegedly held in an escrow account for Sakina Commodities FZCO.

Maloba has maintained that the matter stems from a professional advocate-client relationship rather than criminal conduct.

Court filings show that his law firm was instructed to receive and hold USD 495,000 in trust, while earning USD 10,000 in legal fees.

Maloba argues that neither he nor his firm was involved in negotiating the underlying deal and that any payments made were processed strictly on the basis of written instructions from the client.

He has also told the court that no complaint has been lodged against him before either the Advocates Complaints Commission or the Advocates Disciplinary Tribunal. According to him, the advocate-client relationship with Sakina Commodities FZCO remains intact.

Maloba further contends that the criminal process is being used to pressure him in what is essentially a commercial and professional disagreement.

The DPP has opposed the petition and urged the court to dismiss it, arguing that it was filed in bad faith and constitutes an abuse of the legal process aimed at frustrating criminal proceedings.

In a replying affidavit, DCI officer George Karanja stated that the advocate had not demonstrated that he would be denied a fair trial or that the intended prosecution would violate the law.

Investigators say the case originated from a complaint filed on March 24, 2026, by Andrew Adel Gaballa, a director of Sakina Commodities FZCO.

The complaint accuses Maloba of offences including obtaining money by false pretences, conspiracy to defraud and money laundering.

The prosecution intends to charge the advocate with conspiring to defraud businessman Talal Yousef Zaitoun of USD 470,750, approximately Sh60.8 million, by allegedly claiming he could facilitate the award of a Kenyan government contract for the supply of 500 Toyota Hiace high-roof diesel ambulances.

According to the proposed charges, the alleged conspiracy occurred in Nairobi between January 10 and February 25, 2026.

The DPP also seeks to charge Maloba with obtaining money by false pretences and acquisition of proceeds of crime under the Proceeds of Crime and Anti-Money Laundering Act.

According to the charge sheet, the advocate allegedly received USD 450,750 through an Ecobank account operated by Conrad Law Advocates LLP between January 30 and February 25, 2026, despite allegedly knowing, or having reason to believe, that the funds were proceeds of crime.

Earlier this year, Justice Mwamuye issued orders restraining the DCI, the Inspector General and the DPP from summoning, arresting, detaining, arraigning, charging or prosecuting Maloba while his constitutional petition remains pending before the court.

The orders were subsequently extended to cover advocates, employees and agents associated with Conrad Law Advocates LLP.

Following the High Court’s intervention, Milimani Principal Magistrate Rose Ndombi suspended plea-taking proceedings pending the determination of the constitutional challenge.