Chief Registrar of the Judiciary Anne Amadi has gotten a major reprieve after the High Court set aside an order freezing her bank accounts in a Ksh100 million gold scandal.
Justice Alfred Mabeya lifted the orders saying there is no evidence linking Amadi to the alleged gold fraud.
The judge said Amadi was roped into the case by virtue that her son Brian Ochieng was the one running the day-to-day affairs of the law firm she established linked to the case.
While discharging the orders Justice Mabeya noted that Amadi was not in charge of the law firm when the alleged transactions were made.
“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.
Mabeya further stated that there is no evidence at all showing that Amadi benefited from the funds wired in by British citizen Demetrios Bradshaw trading as Bruton Gold Trading LLC.
“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,” Justice Mabeya ruled.
“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 said.
He added that the fact that Ochieng is a son of Amadi and her being at the helm of the Judiciary would have contributed to the interference of court proceedings.
Justice Mabeya said that no blame should be apportioned to CRJ since all transactions were done in her absence by the son and that everyone should carry their 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 when discharging the freeze order.
The judge noted that the evidence on record points at Amadi’s son and Andrew Njenga, Kikanae Topoti as they admitted running the firm of Amadi associates at the material time. When the alleged transactions were made.
“The two are the ones who withdrew the funds at the subject account and made the disbursements,” the judge said.
The freezing orders had been issued after Bradshaw sued them over an alleged Ksh100 million gold-selling deal.
The money in question was meant for the purchase of 1,500kg of gold bars but the consignment never arrived in Dubai.
