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Patroba Odhiambo Tobias
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lawyer Alphonce Collins Odoyo Osewe
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Chief Magistrate Lucas Onyina
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complainant Bernard Shiaundu Aete
A Nairobi lawyer, Alphonce Collins Odoyo Osewe, and his co-accused, Patroba Odhiambo Tobias, have been arraigned at the Milimani Law Courts following a sophisticated gold scam that allegedly defrauded investors of over Ksh.35 million.
The case against lawyer Alphonce Collins Odoyo Osewe and Patroba Odhiambo Tobias (alias “Ishmael”) highlights a worrying trend of “wash-wash” syndicates using legal professionals to create a veneer of legitimacy.
The Case at a Glance
The duo faces six counts, including obtaining money by false pretences and transacting with proceeds of crime.
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The Amount: USD 260,400 (approx. Ksh. 35.7 million) from a single complainant.
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The Promise: Sale of 400 kilograms of gold bars.
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The Twist: Lawyer Osewe was notably absent during the plea-taking, with his defence citing hospitalisation at Aga Khan. Chief Magistrate Lucas Onyina has demanded medical documentation to verify these claims.
Watch the court proceedings: HERE
Why “Legal” Gold Scams are Increasing
In 2026, scammers are moving away from back-alley deals and into boardroom settings. By involving a real lawyer, fraudsters bypass the victim’s natural suspicion.
Information Gain: 3 Red Flags to Watch For
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The Medical Delay: As seen in this case, “sudden illness” before plea-taking is a common legal tactic used in high-profile Nairobi fraud cases to buy time.
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Impossible Volume: 400 kg of gold is worth billions of shillings. If it is being offered for Ksh.35M, it is a mathematical impossibility and a guaranteed scam.
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Client Account Abuse: Scammers often ask for money to be deposited into a “Lawyer’s Client Account”, which victims assume is safe. However, if the lawyer is part of the syndicate, those funds are moved immediately.
Legal Due Diligence Checklist for Gold Buyers
If you are considering a gold transaction in Kenya, use this 2026 verification framework before sending any funds:
| Step | Action | Verification Source |
| 1. Licence Check | Confirm the seller holds a valid mineral dealer’s licence. | Ministry of Mining |
| 2. Entity Search | Verify the company’s “Active” status and directors. | Registrar of Companies (BRS) |
| 3. Independent Assay | Never rely on the seller’s lab. Use a third-party, accredited lab. | KEBS / Accredited Refineries |
| 4. Tax Compliance | Ensure the seller has a valid KRA Tax Compliance Certificate. | KRA iTax Portal |
| 5. Physical Inspection | Always inspect the gold in a secure, neutral government facility. | DCI / Mining Office |
Final Verdict
The case against Osewe and Tobias serves as a stark reminder: Trust the process, not the title. Even when a lawyer is involved, independent due diligence is mandatory. The court will continue the bail hearing for the co-accused while awaiting the lawyer’s medical report.
Disclaimer: This article is for informational purposes and does not constitute legal advice. All accused persons are presumed innocent until proven guilty in a court of law.