City lawyer Alphonce Collins Osewe is facing serious criminal charges after appearing in court over an alleged fake gold scheme in which a businessman is said to have lost more than Ksh.37 million.
Osewe was arraigned on Wednesday and charged with obtaining money by false pretences.
Prosecutors told the court that he committed the offence together with Patrola Odhiambo Tobias during several transactions carried out between May 1, 2023, and May 9, 2023.
According to the prosecution, the two allegedly convinced the businessman that they were in a position to sell him 400 kilograms of gold. The court heard that the representation was false and that the accused knew they could not deliver the gold they had promised. Investigators believe the alleged deal was designed to fraudulently obtain millions of shillings from the complainant.
The charges place Osewe, a practising city lawyer, at the centre of a case that has drawn attention because of the huge amount of money involved and the continued concern over fake gold scams targeting investors in Kenya.
The prosecution also mounted a strong challenge against Osewe’s release on bail. State lawyers argued that he had previously failed to honour court attendance and told the court that his place of residence could not be established.
Based on those concerns, the prosecution maintained that there was a real risk he would not attend future court proceedings if released.
His defence team pushed back against those claims, insisting that Osewe was committed to following the court process. The lawyers told the court that he already has another court appearance scheduled for next week and would continue presenting himself whenever required.
They urged the court not to deny him bail, arguing that the prosecution had not presented sufficient grounds to keep him in custody.
The court heard submissions from both sides before reserving its decision on the bail application. A ruling is expected on Thursday morning, when the court will determine whether Osewe will remain in custody or be released as the criminal case proceeds.
The outcome of the bail application is expected to shape the next stage of a case that has placed one of the city’s lawyers under intense legal scrutiny as prosecutors pursue allegations linked to a multimillion-shilling fake gold transaction.
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