The High Court has declined to suspend an order freezing bank accounts belonging to the chief registrar of the Judiciary Anne Amadi and that of a law firm associated with her over Sh100 million gold scandal case.
Justice David Majanja, who issued the order last week freezing the accounts of Ms Amadi and those of Amadi & Associates, declined to suspend the order saying it would not be proper to suspend the decision, after recusing himself from the case.
Ms Amadi through lawyer Ochieng Oduol wanted the order lifted saying it was prejudicial to her as the chief registrar of the Judiciary and it had occasioned her financial embarrassment due to failure to meet her financial obligations.
Mr Oduol further argued that she was condemned unheard.
“The respondents have made various applications to discharge the interim orders which I gave, so my question is having indicated that I will disqualify myself, would it be proper for me to discharge the orders? That again brings the matter of perception having made that decision and I take the view that it would not be proper for me to determine that application to discharge the orders,” the judge said.
The judge said he granted the orders after being convinced that Ms Amadi was said to be practising as an advocate, yet he is aware that she was not practising.
He said the issues and others will be taken before the presiding judge of the commercial division (Judge Alfred Mabeya) for further directions.
A British citizen trading as Bruton Gold Trading LLC obtained the orders freezing the law firm’s bank accounts and those of Ms Amadi, after claiming to have been defrauded of more than Sh100 million in US dollars in 2021.
While seeking to suspend the order, Mr Oduol told the court that the events complained of began as early as 2021 and ‘there is no house on fire’. “We undertake that those (bank) accounts will not be interfered with,” he said.
But lawyer Joseph Murage opposed the application saying the law firm is still registered in Ms Amadi’s name and the orders were issued to secure the substratum of the case.
Ms Amadi, alongside her son Brian Ochieng, two other Kenyans and a Liberian citizen have been sued by the Dubai-based company after the gold it purchased was never delivered.
Mr Demetrios Bradshaw said the money was meant for the purchase of gold bars, but the precious metal was never delivered to the buyer in Dubai.
The other defendants in the case are Andrew Njenga Kiarie, Kikanae Topoti, Daniel Ndegwa Kangara alias Daniel Muriithi and Edward Taylor alias Mboronda Seyenkulo Sakor, a Liberian passport holder.
Mr Ochieng (Amadi’s son), Mr Kiarie and Mr Topoti are advocates in the law firm, Amadi and Associates, while Mr Kangara was representing a company called Universal Gold Logistics Limited (UGL) and Mr Sakor was said to have been the vendor of the gold.