A new twist has emerged in the high-profile Sh61 million gold scam case after one of the suspects was arraigned before a Nairobi court while his co-accused, a practicing advocate of the High Court of Kenya, failed to appear on medical grounds.
Patroba Odhiambo Tobias, also known as Ishmael, appeared before Chief Magistrate Lukas Onyina at the Milimani Law Courts, where he was charged with multiple counts of fraud and money laundering. His co-accused, Advocate Alphonce Collins Odoyo Osewe, did not appear in court, with his legal representatives informing the magistrate that he was hospitalized and unable to attend proceedings.
Court Proceedings and Charges
According to the charge sheet presented by the Office of the Director of Public Prosecutions (ODPP), Osewe and Odhiambo are accused of defrauding two individuals of millions of shillings in a fake gold bar sale scheme.
The prosecution alleges that between May 1 and May 9, 2023, within Nairobi County, the duo jointly obtained USD 260,400 (approximately KSh 35,737,296) from Bernard Shiaundu Aete by falsely pretending they could sell him 400 kilograms of gold bars, claims they knew were false.
In a separate count, Advocate Osewe is accused of obtaining KSh 26,100,000 from Adeyeye Enitan Ogunwusi under similar pretenses — promising to deliver gold that did not exist.
The prosecution further accuses both suspects of acquisition and use of proceeds of crime, offences under the Proceeds of Crime and Anti-Money Laundering Act.
Defense and Court Directions
During the court session, Tobias denied all charges and pleaded not guilty. Chief Magistrate Onyina directed that the prosecution’s bail and bond application be heard on September 23, 2025.
For his part, Osewe was ordered to present official medical documents on the same day to verify his hospitalization claim before the court could rule on his request to defer plea taking.
The prosecution insisted that while Osewe’s health should be considered, the matter was of significant public interest and should proceed without unnecessary delay.
Background and Broader Implications
This case adds to Kenya’s growing list of gold-related frauds that have ensnared both local and foreign investors. The involvement of a licensed advocate in such a scandal underscores growing concern over professional misconduct and the abuse of trust within high-value financial transactions.
If found guilty, the accused could face lengthy prison terms, asset forfeiture, and disciplinary action from the Law Society of Kenya (LSK).
Legal analysts note that the prosecution’s reliance on the Proceeds of Crime and Anti-Money Laundering Act signals an aggressive government stance on financial crimes — a shift from merely punishing fraud to dismantling networks that enable it.
Next Steps
The case will resume on September 23, 2025, when the prosecution will argue the bail terms and the defense will table Osewe’s medical evidence. Both the prosecution and defense are expected to call multiple witnesses as the court seeks to uncover the full scope of the alleged gold scam