A lawyer who had been detained for two days over a KES 61.8 million gold fraud case has gained back his freedom after a Milimani Law Court released him on bond.
Chief magistrate Gethi Kibiru freed Alphonce Collins Odoyo Osewe on a bond of KES 1 million with an alternative cash bail of KES 300,000.
The grant of bond followed the dismissal of an application by the director of public prosecutions (DPP) Renson Ingonga to deny the lawyer bond.
Osewe had been charged with defrauding two gold dealers of KES 61 million through alleged trickery.
Declining the DPP’s plea, Mr Gethi Kibiru said Alphonce Collins Odoyo Osewe had been indisposed and flown to India for specialized treatment.
Mr Kibiru said failure by Mr Osewe to face prosecution for a year due to sickness was acceptable and therefore the plea by the DPP to deny him bond was untenable.
He proceeded to free him on a bond of KES 1 million with an alternative cash bail of KES 300,000.
Mr Ingonga through a prosecuting counsel Hilary Isiaho had urged the magistrate not to release the lawyer on bond saying “he had failed to turn up in court to answer charges of obtaining money through trickery, acquisition of proceeds of crime, anti-money laundering and use of proceeds of crime.”
“I urge this court to take judicial notice that the accused has since August 2025 failed to turn up in court to plead to the charges filed against him by the DPP,” submitted Mr Isiaho.
The prosecutor said the suspect had been out on a police bond and was aware that he was expected to attend court to plead to the charges by October 2025.
Mr Isiaho therefore urged the trial magistrate to reject the plea by the advocate to be admitted to bail.
However, defense lawyers Collins Ario, Jeff Ng’ethe and Shadrack Wambui explained the failure by the accused to attend court was occasioned “by his indisposition which caused him to be flown to India for specialized treatment.”
Mr Ario supplied medical records for the accused to the court and urged court to exercise mercy and find reason to release the accused on bond.
In a ruling, the magistrate admitted the accused on bond saying “the accused failed to attend court due to reasons beyond his control.”
Mr Osewe is charged alongside Patroba Odhiambo Tobias alias Ishmael with six counts.
The accused are jointly charged with obtaining USD ($) 260,400 (KES 35,737,296) from Bernard Shiaundu Aete claiming they were in a position to sell 400Kgs of gold bars between May 1 and May 9, 2023.
Mr Osewe is separately charged with defrauding Mr Adeyeye Ogunwusi KES 26,100,000 alleging he was in a position to sell the jewelry.
The lawyer is also charged with acquisition of proceeds of crime.
When Osewe was presented in court on August 5, 2026, the magistrate was urged to deny him until the case is heard and determined on grounds he had allegedly evaded justice for a year.
“There has been a pending warrant of arrest against the accused for almost a year since August 2025, almost a year,” Mr Isiaho stated.
The prosecutor said summons and warrants of arrest against the accused had been issued.
Stated Isiaho, “Police arrested the accused from Milimani law courts when he appeared alongside other lawyers to defend Mukurweini MP John Kaguchia on August 5, 2026.”
The magistrate heard the advocate was brought to court on a warrant of arrest that has been awaiting execution.
He was accused of tricking Aete and Ongwunusi to given him a total KES 61,837,296 from the international gold traders between May 1-9, 2023.
Mr Kibiru heard Mr Osewe allegedly received fraudulently USD ($) 260,400 (KES 35,737,296).
And from Mr Ongwunusi, the accused allegedly received KES 26,100,000 alleging he was in a position to sell to him 400 kgs of gold to Mr Ongwunusi, a fact he knew to be false.
He was accused of receiving and using proceeds of crime knowing the money was illegally acquired.
The alleged fraud was committed between May 1 and May 9, 2023, within Nairobi.
The accused applied to be released on bond which was vehemently opposed by Mr Isiaho saying he has skipped court for one year leading to a warrant of arrest to be issued against the advocate.
The court heard police could not trace the accused as he shifted from his residence.
However, in rebutting the advocate said he fell sick and travelled to India twice.
Osewe asked the magistrate not to allow to be swayed by the prosecution since his overseas travel history and medical records are available.
“I am not a flight risk as the prosecution wants to impugn. I had sent information to former chief magistrate Lucas Onyina that I was indisposed and flown to India for treatment,” Osewe defended himself.
He added that he is an advocate and cannot peddle lies to the court regarding his health status.
Mr Osewe told the court he did not move from his Kileleshwa residence and police knows his place.
“Upon return from India I presented myself to court and I was informed the case had been listed for hearing on August 12,2026,” Mr Osewe stated.
He urged court to free him on bond based on humanitarian grounds saying he had been unwell and sought treatment overseas.
The case will be heard in September 9, 2026.
