A Milimani court has granted city lawyer Alphonce Collins Osewe bail after ruling that the prosecution failed to provide sufficient grounds to justify his continued detention in a case involving an alleged Sh35.7 million fake gold scheme.
Chief Magistrate Gethi Kibiru delivered the decision on Thursday, a day after Osewe pleaded not guilty to several charges, including obtaining money by false pretences and acquisition of proceeds of crime.
In the ruling, the court found that although the prosecution argued Osewe had failed to appear in court for an extended period, the evidence presented did not prove that he had intentionally evaded the legal process.
“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 Osewe’s release on a bond of KSh1 million with one surety of the same amount approved by the court. As an alternative, he may secure his release by depositing a cash bail of KSh300,000.
As part of the bail conditions, Osewe must provide the court with his current medical and contact information, attend all court proceedings unless formally excused, and notify the court through his lawyer or any other appropriate channel if illness prevents him from appearing, supported by relevant medical documentation.
The magistrate also cautioned that failure to attend court without a valid reason could lead to cancellation of the bail terms and the issuance of a warrant for his arrest.
During the bail hearing on Wednesday, prosecutors opposed his release, arguing that the case had been pending for about a year and that Osewe had repeatedly failed to appear in court 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 raised concerns that he could abscond if released, but the court found that the prosecution had not demonstrated compelling reasons to deny him bail.
