Court Allows Anne Amadi To Access Her Bank Accounts

Mabeya added that the orders against the registrar were made in bad faith as she is not running the law firm and she is not in private practice.

Court Allows Anne Amadi To Access Her Bank Accounts
Chief Registrar of the Judiciary, Anne Atieno Amadi, during the swearing-in ceremony of President William Ruto on September 13, 2022. /TWITTER.JUDICIARY

The High Court in Nairobi, on Friday, June 9 directed the unfreezing of the personal bank accounts of Judiciary Chief Registrar Ann Amadi.

Justice Alfred Mabeya ruled that there was insufficient evidence to suggest that Amadi benefitted from an alleged Ksh102 million gold scam.

Mabeya added that the orders against the registrar were made in bad faith as she is not running the law firm and she is not in private practice.

“She(Amadi) was not in charge of the law firm at the material time when the transactions were made by her son. She should not carry the cross of her son who is an adult,” the ruling read in part.

Chief Registrar of the Judiciary, Anne Atieno Amadi, during a past media address. /DAILY NATION

“There is no evidence to show that the registrar was involved in the day to today running of the firm, neither was there any way she was either a beneficiary of the said funds or whether she participated in disbursements of the subject funds.”

Justice Mabeya, however, declined to strike out the case as prayed by Amadi and two other lawyers, including her son Brian Ochieng, who admitted receiving the millions for the purchase of the gold in 2021.

The judge further ruled that Amadi will remain a defendant as the gold trader Demetrios Bradshaw rightly sued her to show that the law firm is registered in her name.

On Tuesday, May 23, Amadi refuted claims by the Dubai company that the funds were wired to her account.

She further shut down the petitioner's claims that she benefited from the gold business and accused the Dubai company of dragging her name without providing evidence as to why it was doing so.

"I confirm that no such sums relating to the impugned transaction were ever deposited to my personal bank accounts, and the petitioner has failed to tender any evidence that I was a beneficiary of the alleged fraud.

"No evidence has been tendered in support of the general allegations that I have fraudulently benefitted from the alleged undelivered gold consignment," she countered.

This however did not stop the High Court from freezing her bank account which was alleged to have received the funds.

The case was thrown upside down after High Court Judge Justice David Majanja recused himself from hearing the case, and transferred the matter to Judge Alfred Mabeya on the basis of conflict of interest.

"I am a member of the Judicial Service Commission, where Amadi serves as the Secretary and Chief Judiciary Registrar and I granted the order on that basis it was the law firm -Amadi & Associates Advocates registered in her name. I note there are issues pertaining to my partiality and impression created to the members of the public.

"I, therefore, disqualify myself from hearing the matter and refer it to the High Court Commercial Division Presiding Judge Alfred Mabeya," Majanja directed.

The High Court on Thursday, May 18 ordered that no withdrawals be made without approval, coming after Amadi was sued alongside her son Brian and others by the company in Dubai, United Arab Emirates (UAE) that deals with gold.

Amadi was last in the public eye during the swearing-in of President William Ruto on September 13, 2022, at the Moi International Sports Centre, Kasarani, a ceremony she presided over.

President William Ruto taking his oath of office on September 13, 2022, in the presence of Chief Registrar of the Judiciary, Anne Amadi. /WILLIAM RUTO