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The High Court in Nairobi has issued a directive to freeze the personal bank accounts held by Anne Atieno Amadi, the Chief Registrar of the Judiciary, her son Brian Ochieng Amadi, and two other individuals.
Justice David Majanja on Thursday, May 18, ordered that withdrawals from these accounts are prohibited unless authorized, pending the hearing of a case against them.
“Pending the hearing and determination of the suit, the court also issues an order that the personal bank accounts belonging to Amadi, her son and the other two respondents be frozen. They should not withdraw any amount from the accounts without court’s permission,” Majanja ruled.
This order comes in response to a legal action filed by a Dubai-based gold trading company against Amadi, her son, and others.
Bruton Gold Trading LLC alleged that the defendants, acting on behalf of the law firm Amadi and Associates Advocates, unlawfully obtained an amount exceeding Sh102 million for a shipment of gold that was never delivered.
According to Bruton Gold Trading LLC, they expressed their interest in purchasing gold from Kenya and were introduced to the defendants by one of the suspects named Daniel Ndegwa Kangara.
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The parties reached an agreement wherein Kangara was entrusted with the task of facilitating the delivery of the gold, which would then be exported to Dubai for sale in 2021.
“On the understanding that Kangara could deliver the gold consignment through his company Universal Global Logistics Limited, Bradshaw entered into the transaction where he was represented by the law firm of Amadi and Associates Advocates,” said Bruton Gold Trading LLC's lawyer Murage Juma.
However, the Dubai company claims that despite transferring $742,206 (Sh102 million) to Amadi's law firm, no gold was ever dispatched from Kenya to Dubai.
In their lawsuit against the Chief Registrar of the Judiciary, they asserted that investigations conducted by the Directorate of Criminal Investigations (DCI) revealed Amadi to be the registered owner of Amadi and Associates Advocates.
Furthermore, they alleged that the investigation discovered that Amadi personally initiated the opening of the account where the funds were deposited shortly after joining the Judiciary.
Concerned about the potential loss of both his money and gold, the company's owner, Demetrow Bradshaw reported the matter to the Director of Criminal Investigation.
The DCI's subsequent inquiry revealed that as soon as Bradshaw had deposited the funds into Amadi's law firm accounts, they were swiftly withdrawn.
Upon learning about the ongoing investigation, Amadi's son, Brian, and another individual approached Bradshaw's attorney to arrange a meeting. Following their discussion, a proposal was formulated to return the money.
Juma, Bradshaw's lawyer, disclosed, "On May 10, 2022, Amadi's law firm corresponded with the plaintiff's legal representatives, attaching two cheques amounting to $9,000 (equivalent to Sh1,237,950) as a gesture of commitment towards resolving the matter."
Subsequently, Amadi contacted Bradshaw's lawyer and suggested clearing the remaining balance within a period of six months.
However, the proposal was rejected on the grounds that no form of security or collateral had been proposed.
Given the defendants' failure to make any further commitments or provide reassurances regarding the repayment of the funds, Bradshaw is now seeking a court order that would require them to deposit the sum within 14 days, thus enabling him to retrieve his money.
Justice Majanja has instructed the named respondents to submit their response to the lawsuit within a three-day period, with the hearing scheduled for May 23.