A Nairobi advocate has been arraigned before the Milimani Chief Magistrate’s Court over an alleged fraudulent gold transaction involving more than Ksh61.8 million, with the prosecution urging the court to deny him bond on grounds that he is likely to abscond.
Alphonce Collins Odoyo Osewe is facing several criminal charges, including obtaining money by false pretences and multiple offences under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
According to the charge sheet, prosecutors allege that between May 4 and May 5, 2023, Osewe fraudulently obtained Ksh26.1 million from Adeyeye Enitan Ogunwusi after allegedly claiming he could facilitate the sale of 400 kilograms of gold bars, a representation the prosecution says was false.
The State also accuses him of unlawfully acquiring and dealing with the same funds despite allegedly knowing, or having reason to believe, that they constituted proceeds of crime.
In a separate set of charges, Osewe and his co-accused, Patroba Odhiambo Tobias alias “Ishmael,” are alleged to have jointly conducted transactions amounting to Ksh35.7 million between May 1 and May 9, 2023. Prosecutors contend the money was suspected proceeds of crime intended for a gold purchase.
The prosecution has asked the court to keep Osewe in custody, arguing that his past conduct demonstrates a likelihood that he may evade trial if released.
In an affidavit filed before the court, DCI officer Corporal Dennis Mugambi stated that although Osewe had previously been released on police cash bail on August 14, 2025, pending legal advice from the Office of the Director of Public Prosecutions, he allegedly failed to honour subsequent court appearances.
“Despite having full knowledge of the criminal proceedings against him, the accused deliberately failed to attend court for plea taking and has never taken plea in this matter to date,” Mugambi states in the affidavit.
The investigating officer further told the court that repeated efforts to secure Osewe’s attendance were unsuccessful.
“On numerous occasions, I personally contacted and summoned the accused person requiring him to attend court for plea taking, but he wilfully ignored and failed to honour the said summons without any lawful or reasonable explanation,” the officer deposed.
According to the prosecution, the court later issued warrants of arrest after Osewe allegedly failed to appear, and he remained out of reach until August 4, 2026, when detectives from the DCI Nairobi Regional Investigations unit arrested him.
The affidavit also states that investigators could not trace the advocate’s residence after visiting his last known address, where they were informed that he had moved.
“The accused person’s unknown permanent place of abode, coupled with his previous conduct of absconding court proceedings, presents a substantial risk that, if admitted to bond, he will once again abscond and frustrate the hearing and determination of this case,” the affidavit reads.
The prosecution further informed the court that it has requested Osewe’s travel records from the Directorate of Immigration Services to establish whether he was outside the country during periods when he was expected to attend court.
The court is expected to rule on the prosecution’s application to deny bond as the criminal proceedings continue.
