A lawyer, Alphonce Collins Odovo Sewe, and his co-accused, Patroba Odhiambo Tobias, alias “Ishmael”, were on Thursday, October 23 arraigned in court over charges related to a fraudulent gold-selling scheme. The two are accused of defrauding two individuals of millions of shillings by falsely claiming they could sell them 400 kilograms of gold bars.

Lawyer Sewe, who did not appear in court due to being hospitalized at Aga Khan Hospital, was represented by his defense team.

The court was told that he was unable to attend plea taking because of his medical condition.

The second accused, Patroba Odhiambo Tobias, appeared before Chief Magistrate Lucas Onyina and pleaded not guilty to the charges. The prosecution requested more time to file an affidavit opposing bail for Tobias, citing the seriousness of the allegations.

Chief Magistrate Onyina granted the prosecution until today (Friday, October 24) to submit the application, and Tobias was remanded at the Capital Hill Police Station.

The two face charges of obtaining money by false pretenses. Particulars of the offence are that between May 1 and May 9, 2023, in Nairobi County, Osewe and Tobias allegedly obtained USD 260,400 (approximately KSh35.7 million) from Bernard Shiaundu Aete, falsely claiming they could sell him 400 kilograms of gold bars, a claim they knew to be untrue.

The duo who face a total of six counts are also facing acquisition of proceeds of crime charges. Specifically, they allegedly acquired KSh35.7 million from Aete and KSh26.1 million from the complainant, knowing or having reason to believe that the funds were derived from fraudulent activities.