- Amadi has since distanced herself from the matter saying she ceased practicing as an advocate with the firm following her appointment as CRJ in 2014.
- Bradshaw in the petition before JSC says Amadi should have immediately stepped aside following the allegations levelled against her.
Image: FILE
Woes bedevilling Chief Registrar of the Judiciary Anne Amadi seem far from over after a gold trader petitioned the Judicial Service Commission to kick her out of office.
Demetrios Bradshaw in his petition has accused the embattled CRJ of abuse of office, obtaining money by false pretense among other ills in the Sh130 million gold scandal.
Bradshaw is the Director of Bruton Gold Trading LLC, a Dubai based firm. He filed a case against Amadi and six others at the Milimani Commercial Division over the same accusations.
The case is pending hearing and determination. So far, orders freezing Amadi's personal and law firm bank accounts have since been issued in the case.
Amadi is currently fighting to have those preservation orders set aside saying they are affecting her livelihood. Ruling on her application is set for Friday, June 9.
Also frozen are the accounts of her son Brian Ochieng and advocates in Amadi and Associates law firm, Andrew Kiarie and Kikanae Topoti.
The court further froze the accounts of David Kangara, the gold exporter, and Edward Tyalor, the alleged gold vendor.
Amadi has since distanced herself from the matter saying she ceased practicing as an advocate with the firm following her appointment as CRJ in 2014.
The law firm was registered on November 9, 2012. She said the firm remained dormant until her son, Brian Ochieng, Andrew Kiarie and Adrian Toptoi took up the management and operations of the firm.
Amadi then wrote a letter to the Law Society of Kenya indicating that she has 'resigned' from private practice.
In his petition to JSC, Bradshaw says Amadi should have immediately stepped aside following the allegations levelled against her.
He says the fate of the law firm after its proprietor's letter of February 2014 up until 2017 is unclear.
The website of the law firm established in 2017 shows that in that year, Amadi terminated her leave of absence, became a consultant at the firm and brought on board three advocates.
The three are her son Brian, Kiarie and Topoti.
Bradshaw contends that there is no evidence that Amadi ever ceased control or handed over the firm to any of the advocates indicated on the web.
"The most recent certificate from the Registrar of companies dated May 30, 2023 still indicates that Aamdi is the registered proprietor of the law firm established in November 2012.”
Bradshaw says a business name has no separate legal personality from its proprietor and as such, the proprietor is held liable for any act or omission carried out in the name of the said business.
He explains that in November last year, Kiarie and Ochieng seemingly ceased being advocates at Amadi and Associates firm, having registered a limited liability partnership under the name KAN Advocates LLP.
This, he says, created the impression that the law firm is under the sole control of its registered proprietor.
Bradshaw, in his petition, claims Amadi and six others illegally obtained and were paid $592,970 (Sh82,304,236) by Bruton Gold Trading LLC.
The gold trading company based in Dubai explains it was interested in buying gold from Kenya.
One Daniel Kangara who at the time was alleged to be an officer in an entity called Universal Global Logistics Limited (UGL) was to organise the logistics of a 1500 Kgs gold consignment from Kenya to Dubai.
UGL was said to be in the business of exporting gold.
"On the understanding that UGL could facilitate the export of gold, Bruton entered into a transaction with them," Bradshaw says.
UGL was allegedly represented by Amadis law firm for export of the said gold. $592,970 was subsequently paid to the law firm into an account opened by Amadi.
The money was dispatched in four tranches between September 22 and October 2021 but the gold never arrived.
Bradshaw later made enquiries regarding the shipment and was told there was a court order prohibiting the transfer of the gold.
He learnt that the suit had been filed by one of the advocates from Amadis firm but was later withdrawn
Bradshaw alleges that the law firm, in a bid to justify withholding the money and secure an excuse for their clients failure to export, used the firm to obtain money under false pretense.
"The firm filed a dummy suit and produced a fake court order preventing the export of non-existent gold," his petition reads in part.
Bradshaw says he later lodged a complaint at Kiambu police station which led to the arrest of Kangara.
He says from the investigations by the DCI, UGL did not exist and there was no evidence that the money deposited into the law firm left the hands of the agents appointed by Amadi to any third party.
"Amadi is a seasoned advocate and senior judicial officer. She should be held to the highest standard of integrity and cannot be allowed to feign ignorance or error, having been found to have acted for and on behalf of a law firm registered to her in any capacity while she is the CRJ.”
Bradshaw has accused Amadi of aiding and abetting in the preparation of a forged court order and filing a suit to subvert justice, engaging in gainful employment through her law firm, benefiting from a corrupt scheme and abuse of office among other accusations.
It's on those grounds that he wants the JSC to recommend her removal from office.