A Dubai-based company, Bruton Gold Trading LLC, has filed an urgent application at the Court of Appeal to challenge the decision of the High Court to unfreeze the accounts of Judiciary Registrar Anne Amadi and her associates.
The company claims that it was defrauded of Ksh 102 million (USD 742,206.48) by Amadi and her son Brian Ochieng Amadi, who allegedly received the money through their law firm Amadi and Associates Advocates but failed to deliver gold as agreed.
The company had sued Amadi and her son, along with two other suspects, in May 2023, seeking to recover the money and have their accounts frozen pending the determination of the case.
The High Court had granted the orders to freeze the accounts but lifted them after Amadi filed an affidavit denying any involvement in the gold scam.
She argued that the alleged money was not wired to her account as claimed by the Dubai company.
However, the Dubai company was dissatisfied with the High Court’s ruling and moved to the Court of Appeal, arguing that there was sufficient evidence to show that Amadi and her son were part of a fraudulent scheme to obtain money by false pretence.
The company stated that it had expressed interest in acquiring gold from Kenya and was introduced to one of the suspects who promised to deliver the gold.
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The suspect then requested for a cash transfer to an account registered under Amadi and Associates Advocates.
The company alleged that after receiving the money, the suspects withdrew it in cash without adequate supporting documentation and never supplied the gold.
The company further alleged that investigations by the Directorate of Criminal Investigations (DCI) established that Amadi was the registered proprietor of Amadi and Associates Advocates and that she opened the account that received the money after she joined the Judiciary.
The Court of Appeal has certified the application as urgent and directed that it be heard on September 11, 2023.
The court has also ordered that Amadi and her son file their responses within seven days.
