Lawyer Arraigned in Sh37M Fake Gold Scam

Nairobi lawyer Alphonce Collins Osewe was arraigned on Wednesday, August 5, on charges of obtaining money by false pretences in an alleged fake-gold scheme, according to local court reports. Prosecutors alleged that Osewe and co-accused Patroba Odhiambo Tobias obtained more than KSh37 million from a businessman in Nairobi between May 1 and May 9, 2023, by claiming they could sell 400 kilograms of gold. Osewe denied the charges before Chief Magistrate Gethi Kibiru, another court report said. Prosecutors opposed his release on bond, arguing that he had previously failed to appear in court and was a flight risk. ### Who is accused, and what do prosecutors say happened? Alphonce Collins Osewe and Patroba Odhiambo Tobias are accused of presenting themselves as able to sell 400 kilograms of gold, prosecutors said in the charge details reported by local media. The first count alleges they obtained USD 260,400 — reported as about KSh35.7 million — from Bernard Shiaundu Aete on diverse dates between May 1 and May 9, 2023, in Nairobi. (kahawatungu.com) A second count reported by Law and Power Kenya alleges that Osewe obtained KSh26.1 million from Adeyeye Enitan Ogunwusi on May 4 and May 5, 2023, through the same false representation. That report said the total amount across the two complainants was about KSh61.8 million. Kahawa Tungu’s report focused on the Aete count and described the amount in that case as more than KSh37 million. (kahawatungu.com) ### Why did prosecutors oppose bond? Corporal Dennis Mugambi said in an affidavit cited by local reporters that Osewe had been arrested on August 14, 2025, and released on police cash bail of KSh50,000 pending legal advice from the Office of the Director of Public Prosecutions and later arraignment. Prosecutors said he was informed of the court date for plea taking but did not attend. (lawandpowerkenya.com) The prosecution told the court that investigators repeatedly contacted and summoned him without success and that a warrant of arrest was later issued after he failed to appear. Ghetto Radio reported that investigators also told the court Osewe had vacated his last known residence, complicating efforts to trace him. Prosecutors said that conduct showed he was likely to abscond if released. (lawandpowerkenya.com) ### What was already before the court before this arraignment? Magistrate Lucas Onyina had previously ordered Osewe to appear in court on November 17, 2025, for plea taking after he failed to attend an earlier session, according to a 2025 court report. That report said Osewe’s lawyer presented an admission letter from Kenyatta National Hospital and told the court the advocate was preparing to travel to India for treatment after discharge. (lawandpowerkenya.com) The same 2025 report said Patroba Odhiambo Tobias, also known as Ishmael, had already appeared in the case. Magistrate Onyina granted Tobias bond of KSh2 million with two sureties and no cash-bail option after police opposed softer terms, citing alleged threats against the complainant. ### Where was Osewe arrested this week? Ghetto Radio reported that officers arrested Osewe on Tuesday, August 4, 2026, at the Milimani Law Courts while he was representing Mukurweini MP John Kaguchia in an unrelated criminal case. (ghettoradio.co.ke) The report said the arrest was carried out under a warrant that had been in force for nearly a year. That same report said prosecutors were waiting for travel records from the Directorate of Immigration Services to verify Osewe’s claim that he had been out of the country during the period when he was required in court. ### How does this case fit into Kenya’s wider fake-gold crackdown? The Directorate of Criminal Investigations has warned the public about fake-gold schemes and said fraudsters were targeting Kenyans and foreign buyers with deals presented as lucrative gold transactions, according to Kahawa Tungu’s report. (ghettoradio.co.ke) The report quoted DCI Director Mohammed Amin urging people to remain alert when dealing in what he described as the gold business because fake merchants were trying to re-establish themselves in Nairobi. Kahawa Tungu also reported that police said dozens of suspects in similar cases had been arrested and charged in court. The report said investigators had urged foreign buyers to seek help from their embassies when pursuing gold purchases in Kenya. The Nairobi court was expected to rule on Osewe’s bail application on Thursday morning, Kahawa Tungu reported. (kahawatungu.com) Patroba Odhiambo Tobias remains the named co-accused in the case, and the proceedings continue in Nairobi’s Milimani courts, according to the local reports.