Been evading justice?: Advocate arraigned over KSh 61 million gold fraud scheme

This story has significance for readers across Kenya and beyond.

- Advocate Alphonce Collins Odoyo Osewe appeared at Milimani Law Courts facing charges linked to a KSh 61 million gold fraud scheme

- Osewe, who had evaded a warrant of arrest for nearly a year, was apprehended while representing a sitting MP in an unrelated criminal case

- The prosecution opposed his release on bail, citing abscondment, a changed address, and abusive remarks directed at the investigating officer inside court

Nancy Odindo is a current affairs writer at Tuko.co.ke (joined in 2023). She has one year of experience in print and more than five years in digital media.

A High Court advocate found himself on the other side of the dock on Wednesday, August 5, 2026, when he was arraigned at Milimani Law Courts in Nairobi on multiple charges tied to a KSh 61 million gold fraud scheme.

Alphonce Collins Odoyo Osewe faced charges of obtaining money by false pretences under Section 313 of the Penal Code, alongside several counts under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). His co-accused is Patroba Odhiambo Tobias, also known as "Ishmael."

The allegations against Osewe

Charge sheet documents seen by TUKO.co.ke show that Osewe allegedly told Nigerian national Adeyeye Enitan Ogunwusi that he could facilitate the sale of 400 kilogrammes of gold bars between May 4 and May 5, 2023, a claim prosecutors say was false. Ogunwusi transferred KSh 26.1 million on the strength of that representation.

Osewe is also accused of knowingly receiving and dealing with those funds, which prosecutors allege constituted proceeds of crime.

Separately, both Osewe and Odhiambo are accused of jointly conducting transactions worth KSh 35.7 million between May 1 and May 9, 2023, money the prosecution contends was linked to the same fraudulent gold deal and sourced from complainant Bernard Shiaundo Aete.

Osewe arrested after nearly a year on the run

Osewe was initially arrested in August 2025 and released on a police cash bail of KSh 50,000. After the Director of Public Prosecutions directed that formal charges be preferred, the case was registered in court, but Osewe repeatedly failed to appear for plea-taking. The court issued summons and subsequently an arrest warrant.

Investigators established that during the roughly one-year period he remained absent, Osewe had vacated his known address and relocated to an undisclosed location.

He was eventually rearrested on August 4, 2026, not through a targeted operation but because he turned up at Milimani Law Courts to represent Mukurweini MP John Kaguchia in a separate criminal matter.

The prosecution opposed bail at his arraignment, arguing that his prolonged abscondment demonstrated a disregard for court authority and made him a clear flight risk.

Prosecutors also informed the court that Osewe directed abusive remarks at the investigating officer inside court, referring to him using the phrase "Matako Ya Siafu."

"Your Honour, we submit that by absconding for an extended period, as demonstrated by the investigating officer, the accused has demonstrated a clear disregard for the authority of this honorable court and shown himself to be a flight risk who is unlikely to attend trial or comply with conditions," court heard.

Defence pushes back on bail denial

Osewe's legal team rejected the prosecution's characterisation, telling the court that their client is a practicing advocate fully conversant with court procedure.

Counsel argued that Osewe's absence was explained by two medical trips to India for treatment, records of which were submitted to the court.

The defence further contested claims that the accused had no fixed address, insisting he has lived at the same residence since 2017, a home the investigating officer had previously visited.

The defence also noted that Osewe's co-accused, Tobias, had already been granted a bond of KSh 2 million and urged the magistrate to extend similar terms to Osewe.

The court was set to deliver its ruling on the bail application on August 6, 2026.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.