A court has issued orders unfreezing Judiciary Chief Registrar Ann Amadi’s bank accounts over links to a gold scam.
Justice Alfred Mabeya on Friday ruled that there is no evidence showing Amadi benefited from the Sh100 million cash allegedly paid by a Dubai-based firm for the purchase of gold.
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.
“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.
“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.