Dubai Firm Wants Order Unfreezing Chief Registrar Anne Amadi’s Bank Accounts Suspended

A Dubai-based company has urged the Court of Appeal to put a halt to the lower court’s decision unfreezing Chief Registrar Anne Amadi’s bank accounts in connection with an alleged gold syndicate.

Bruton Gold Trading claims through lawyer Joseph Murage that they have their doubts about receiving a fair hearing if the case is brought before High Court Judge Alfred Mabeya.

“His (Mabeya) conduct has left us in fear that Amadi is exerting her influence behind the scenes to improperly vindicate herself and deny us access to justice,” Bruton says in court documents.

The firm which claims to have been duped by Amadi’s law firm of Sh100 million in a fake gold deal, wants the matter certified as urgent.

Read: Gold Scam: Court Unfreezes Judiciary Chief Registrar Anne Amadi’s Accounts

“This application should be certified urgent and heard on priority basis as Mabeya not only made final determinations that should have been considered only in the main case but made findings that would cancel all affidavits filed before Kenyan courts notarized outside the commonwealth,” the firm says.

The matter has since been certified as urgent and will be heard by a three-judge bench set to be selected by President of the Court of Appeal Daniel Musinga.

While unfreezing her accounts, Justice Mabeya ruled that there was no evidence showing Amadi benefited from the monies in question.

The judge noted that Amadi was only a person of interest in the case because her son Brian Ochieng was the one running the law firm at the time of the alleged scam.

Read Also: Chief Registrar Of Judiciary Anne Amadi’s Accounts Frozen Over Sh89 Million Gold Scandal

“The law firm is the one that received the funds in question from the foreign investor. In my view from the evidence on record safe for the letter dated June 9, 2020, of the opening of an account at ABC Bank by a law firm associated with Amadi there is no absolute evidence to show that Anne Atieno Amadi was involved in the day to day running of the law firm,” the judged ruled.

“I also find that there is nothing to show that Amadi either benefited from the said funds or participated in the alleged fraud, further there is nothing to connect her with the receipt and the disbursement of the subject funds.

“Of course, her continuity of being the proprietor of the firm which is still in business when she is the CRJ of the republic of Kenya is something to be drawn up, that frowning would not extend to the freezing of her bank accounts,” the judge added.

Justice Mabeya noted that Amadi was not blame since the transactions were made in her absence and her son needed to carry his own cross.

Read Also: Judiciary Registrar Amadi Defends Self in Sh102 Million Gold Scam

“I think Amadi’s son (Ochieng) is an adult who is supposed to carry his own cross independent of his mother, it can not be a case of the son has eaten sour grapes, so the mother still is set on age. Each must carry their own cross according to their own actions. Further court of law can not act on assumptions and nothing to connect Amadi in her current position as the CRJ with the said case,” Justice Mabeya ruled.

“I, therefore, come to the conclusion that the freezing orders of May 18, 2023, should not have been issued against Amadi. Neither can they now be issued,” the judge stated.

The court also observed that evidence points to Amadi’s son and Andrew Njenga, Kikanae Topoti.

“The two are the ones who withdrew the funds at the subject account and made the disbursements,” the judge said.