Chief Registrar of the Judiciary Ann Amadi got a major win after the high court lifted orders that froze her bank accounts over allegations of benefitting from Sh130 million gold scam.
In the case, Amadi, her son Brian Ochieng, two other Kenyans, and a Liberian citizen have been sued by Bruton Gold Trading LLC, over claims that it lost $742,206.
The firm claimed that the money was meant to purchase gold bars which were never delivered to them in Dubai.
In his ruling, Justice Alfred Mabeya ruled that there is no evidence showing Amadi benefited from the Sh130 million allegedly paid by a Dubai-based firm for the purchase of gold.
Justice Mabeya while opening her accounts said Ochieng should carry his cross because he is an adult and the fact that Amadi is his mum does not mean the chief registrar has to carry the burden on his behalf.
Judge Mabeya further said that there was nothing to show that Amadi was involved in the day-to-day activities of the law firm that is registered in her name.
“There is nothing to show that the 1st defendant (Ms Amadi) was involved in day-to-day activities of the law firm or evidence to point that she benefited from the funds,” the court ruled
However, the judge dismissed the prayer by Amadi to strike out the case against her and two others who include her son and another lawyer.
The judge said Amadi will remain a defendant in the case since Demetrios Bradshaw rightly sued her to show that the law firm is registered in her name.
In her defence, Amadi through lawyer Ochieng Oduol had distanced herself from the fake gold scandal saying she was not aware of the alleged fraudulent transactions between her son's firm and the Dubai firm.
She told the court that she ceased practicing as an advocate with the firm following her appointment as chief registrar in 2014 saying that the law firm was registered on November 9, 2012.
According to court documents, the firm which is at the centre of the scandal remained dormant until her son (Ochieng), Andrew Kiarie and Adrian Toptoi who are advocates took up the management and operations of the firm.
Amadi further said that the three opted to retain the firm's name Amadi and Associates Advocates and Ochieng’ and Kiarie were also made signatories to the firm’s bank accounts to enable them continue offering legal services to clients.
"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 said.
She also argued that there was nothing to show that money alleged to have been fraudulently acquired was transferred, located or domiciled in her personal bank accounts for the order to be issued in favour of Bruton Gold Trading LLC.
Last month, Bruton got orders freezing Amadi and Ochieng’s personal accounts. The court also froze Kiarie and Topoti’s accounts.
The preservation orders were issued following the suit filed by Bruton which accused Amadi, her son Ochieng and five others of allegedly conspiring to fraudulently obtain more than Sh100 million from them.
The company told the court how fake documentation was 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.