Court Frees City Lawyer In Multi-Million Gold Case Despite Numerous Session Snubs
City lawyer Alphonce Collins Osewe has been released on Sh300,000 bail after a Milimani court found that the prosecution had failed to demonstrate compelling reasons to deny him bail in a Sh35.7 million fake gold case.
Chief Magistrate Gethi Kibiru delivered the ruling on Thursday, a day after Osewe denied multiple charges, including obtaining money by false pretences and acquisition of proceeds of crime.
In allowing the application, the magistrate held that although the prosecution had argued that Osewe had failed to attend court for an extended period, the material placed before the court did not establish that he had deliberately absconded.
“The court is consequently not persuaded that the prosecution has established compelling reasons sufficient to deny the first accused (Collins) his constitutional right to bail,” the magistrate ruled.
The court ordered that Osewe be released upon executing a bond of Sh1 million with one surety of a similar amount approved by the court.
In the alternative, he may deposit a cash bail of Sh300,000.
The magistrate further directed Osewe to provide the court with his current medical and contact details, personally attend all court sessions unless excused, and notify the court through his lawyer or any other appropriate means if he is unable to attend due to illness, accompanied by supporting medical documents.
The court warned that failure to attend proceedings without a valid excuse could result in cancellation of his bond and the issuance of a warrant of arrest.
In opposing Osewe’s release during arguments heard on Wednesday, the prosecution told the court that the case had been registered about a year ago but the accused had failed to appear to take plea despite several warrants of arrest being issued.
“The matter was registered about one year ago. However, the accused person has never appeared to take plea and several warrants of arrest have been issued as a result,” the prosecution submitted.
The State maintained that Osewe’s prolonged absence showed he was likely to abscond if released on bail.
However, the defence argued that Osewe was not a flight risk and had a fixed place of residence.
His lawyers further maintained that his absence from court had been explained and was occasioned by medical treatment outside the country.
In the ruling, the magistrate reviewed the history of the case and noted that on several occasions Osewe’s advocates appeared before the court to explain his absence and supplied medical and travel documents indicating that he was undergoing treatment abroad.
The court further observed that although the prosecution had sought time on several occasions to verify the medical documents, no verification report had been filed despite earlier court directions.
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The magistrate found that the prosecution had therefore failed to rebut the explanation given for the advocate’s absence.
On Wednesday, Osewe pleaded not guilty to charges of obtaining $260,400, equivalent to Sh35,737,296, from businessman Bernard Shiaundu Aete between May 1 and May 9, 2023.
The prosecution alleges that Osewe and Patroba Odhiambo Tobias alias Ishmael, “with intent to defraud, falsely pretended that they were in a position to sell 400 kilograms of gold bars, a fact they knew to be false.”
He also denied a separate charge of obtaining Sh26.1 million from Adeyeye Enitan Ogunwusi by allegedly pretending that he was in a position to sell him 400 kilograms of gold bars.
Additionally, Osewe pleaded not guilty to acquiring proceeds of crime contrary to the Proceeds of Crime and Anti-Money Laundering Act.
The advocate was arrested at the Milimani Law Courts on Tuesday after attending proceedings involving Mukurwe-ini MP John Kaguchia before being arraigned and taking plea on Wednesday.
Court Frees City Lawyer In Multi-Million Gold Case Despite Numerous Session Snubs
