Dubai firm given 2 days to respond to Amadi claims in Sh130m gold scandal

Chief Registrar of the Judiciary says she took leave from her law firm and is therefore not responsible for its actions

In Summary

Amadi on Tuesday asked the court to unfreeze her accounts saying she had no links with the firm of Amadi and Associates Advocates that was involved in the scandal.

Judiciary registrar Ann Amadi .
Judiciary registrar Ann Amadi .


The High Court has directed a Dubai-based firm in the Sh130 million gold scam involving Judiciary Chief Registrar Anne Amadi to respond to her affidavit in two days before her application to unfreeze her accounts is heard on Monday next week.

Amadi on Tuesday asked the court to unfreeze her accounts saying she had no links with the firm of Amadi and Associates Advocates that was involved in the scandal.

Amadi said she took leave from the operations of the law firm in 2014 following her a[appointment as the Chief Registrar of the Judiciary.

Justice David Majajnja who was issued the orders on Tuesday recused himself from the case citing that he is a member of the Judicial Service Commission where Amadi also sits as the secretary. As such, issues of impartiality were bound to be raised.

The file was thus taken back to presiding judge Alfred Mabeya who on Wednesday directed that responses to all the applications made be filed by Friday.

"Thereafter the parties file and exchange skeleton submissions. Highlighting will be on Monday at 10am," Mabeya said.

So far, three applications have been filed in court in relation to the gold saga.

The first application was filed by the Dubai-based firm accusing Amadi, her son and five others of fraudulent commercial activities.

The second application was filed by Amadi seeking to set aside orders freezing her bank accounts while a third application was by Amadi's son Brian Achieng who sought similar orders.

Amadi has so far distanced herself from the gold scandal saying she was not aware of the alleged fraudulent transactions between her law firm and Bruton Gold Trading LLC Limited.

The law firm was registered on November 9, 2012. The firm which is at the center of the scandal remained dormant until her son-Brian Ochieng, Andrew Kiarie and Adrian Toptoi took up the management and operations of the firm.

The three are advocates of the High court of Kenya.

Amadi through lawyer Ochieng Oduol said that when she resigned, the three opted to retain the firm's name Amadi and Associates Advocates.

Ochieng’ and Kiarie’s were also made signatories to the firm’s bank accounts. The firm consequently opened two account numbers at African Banking Corporation (ABC) Limited at Green House on June 10 2020. 

"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,” Amadi says in her affidavits.

She argued she had been condemned unheard and the orders freezing her accounts should be set aside.  

"It has not been shown that the sums alleged to have been fraudulently acquired were transferred, located or domiciled in my personal bank accounts for the order to issue in its favour," she says.

Kiarie and Brian on the other hand claim they did not sign any agreement with the Dubai firm for the delivery of 1500kgs of gold bars worth over Sh100 million.

The two in response to the application filed by Bruton on Wednesday last week say the only provided the services of an escrow account to Bruton. 

An escrow account is where funds are held in trust whilst two or more parties complete a transaction.

They have denied conspiring to obtain the said monies saying any funds received were in respect to an escrow agreement dated October 15, 2021.

"Payments were made to David Kangara on instructions of Bruton's representatives and under their lawful instructions as per the escrow agreement. Our responsibility was only to provide escrow services," the duo say.


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