Chief Registrar of the Judiciary Anne Amadi has distanced herself from the Sh130 million fake gold scandal saying she was not aware of the alleged fraudulent transactions between her son's firm and a Dubai based company.
Amadi in a fresh application before the Milimani Commercial Courts says she ceased practicing as an advocate with the firm following her appointment as CRJ in 2014. The law firm was registered on November 9, 2012.
The firm which is at the centre of the scandal remained dormant until her son Brian Ochieng, Andrew Kiarie and Adrian Toptoi took up the management and operations of the firm. The three are advocates of the High Court of Kenya.
Amadi through advocate Ochieng Oduol explains that when she resigned, the three opted to retain the firms name Amadi and Associates Advocates. Ochieng’ and Kiarie were also made signatories to the firm’s bank accounts to enable them continue offering legal services to clients. The firm consequently opened two account numbers at African Banking Corporation Limited at Green House on June 10, 2020.
"Following the opening of the bank accounts, I had no further dealings with the firm. I am not a signatory to the accounts and have no role in the firm and I do not draw any income or profit from the firm since my taking the leave of absence in January 2014,” she says.
Amadi says she has been condemned unheard and the orders freezing her accounts should be set aside.
"It has not been shown that the sums alleged to have been fraudulently acquired were transferred, located or domiciled in my personal bank accounts for the order to be issued in favour of Bruton Gold Trading LLC," she says
Last week, Bruton, a Dubai based company, obtained orders freeing Amadi and her son’s personal bank accounts.
Justice David Majanja also froze two bank account numbers domiciled at African Banking Corporation Bank, Green House mall, Nairobi in the name of Amadi and associates advocates.
Also frozen are those of Kiarie, Topoti and David Kangara.
The preservation orders were issued following the suit filed by Bruton which accused Amadi, her son Ochieng and five others of allegedly conspired to fraudulently obtain over Sh100 million from them.
The company claims they illegally obtained $742,206 on the pretense that they would deliver 1,500kgs of gold bars.
The company told the court how fake documentations were procured in an attempt to mislead them that they were committing to a genuine transaction. A tracking number was also provided by the parties involved to prove that the consignment of gold had left Kenya aboard a Kenya Airways Flight to Dubai.
Its directors according to the court documents were introduced by Edward Taylor, a Liberian national to one Daniel Ndegwa Kangara (Alias Dan Muriithi) who at the time it was alleged was an officer in an entity identified as Universal Global Logistics Limited.
UGL was in the gold export business and it could export gold from Kenya to Dubai.
Bruton says the agreement between the parties was that Kangara was to deliver gold for export (in Kenya), which gold would be exported by the Liberian to Dubai for sale. The cost was to be covered by Bruton.
An agreement was subsequently entered between the Dubai firm and UGL.
UGL was represented by Amadi's son Law firm for the export of the 1,500kgs gold bars allegedly owned by the Liberian and his family from Kenya to Dubai.
Bruton consequently sent $592,970 (Sh81.5 million) to the law firm account at African Banking Corporation Limited (7th defendant in the suit).
The monies were dispatched in tranches between September 22, 2021, and October 21, 2021. It was withdrawn in cash by Ochieng and Kiarie from ABC Bank.
But Amadi in her application has denied knowing Kangara the alleged exporter and Taylor who was the gold vendor.
She says she did not participate in any transaction and that she did not receive any money or benefit from Bruton Gold Trading LLC.
"At all material times, the firm was managed by Ochieng and Kiarie who received client’s instructions, executed the same and receive any client’s monies,” she says.
She further states that Bruton failed to disclose to the court that as from January 13, 2014, she was not engaged in any private practice following her appointment as Chief Registrar of the Judiciary.
She also says she was not a signatory to the bank accounts at ABC being managed by Ochieng and Kiairie. “I therefore I'm not privy to any of the deposits or withdrawals made to or from the said accounts,” read her documents in part.
Amadi argues that the orders freezing her accounts have incapacitated her financially and literally stopped her personal, professional and social life.
"The order of May 18 is extremely prejudicial to me as the CRJ, as I am unable to even carry on with my fairly life, fend for my family and meet my daily needs and may result in me undergoing financial embarrassment due to failure to meet my recurrent financial obligations," she says.
She also argues that an affidavit sworn by one Demetrio’s Bradshow in Dubai is defective.
She says his affidavit cannot be used in Kenyan court to support his case as it was taken outside the commonwealth.
Majanja has since disqualified himself from the case saying there maybe issues of partiality since he is a member of the Judicial Service Commission where Amadi sits as the secretary.
He said since he had already recused himself from the matter, it would not be appropriate for him to discharge the orders he issued on May 18. He said he gave the order after being convinced that Amadi was said to be practicing as an advocate, yet he was aware that she was not practicing.
Majanja subsequently referred all applications relating to the case before the Presiding Judge Alfred Mabeya for directions on Wednesday.