- They are also disputing Mabeya's finding on Bruton's affidavit sworn in Dubai with the United Arab Emirates.
- The company told the court how fake documentation was procured in an attempt to mislead them that they were committing to a genuine transaction.
Image: FILE
A Dubai-based firm has asked the Court of Appeal to suspend proceedings before a lower court that unfroze the bank accounts of Judiciary's Chief Registrar Anne Amadi in an alleged gold syndicate case.
Through their lawyer Joseph Murage, Bruton Gold Trading LLC says they are doubtful that they will get a fair hearing if the matter proceeds before High Court Judge Alfred Mabeya.
"His(Mabeya) conduct has left us in fear that Amadi is exerting her influence behind the scenes to improperly vindicate herself and deny us access to justice," Bruton said.
They are also disputing Mabeya's finding on Bruton's affidavit sworn in Dubai with the United Arab Emirates.
"This application should be certified urgent and heard on priority basis as Mabeya not only made final determinations that should have been considered only in the main case but made findings that would cancel all affidavits filed before Kenyan courts notarised outside the commonwealth, " Bruton said.
The application has since been certified as urgent and the President of the Court of Appeal will be appointing a three-judge bench to hear the matter.
The gold trading company moved to court in June this year claiming that Amadi, Amadi and Associates law firm, her son Brian Ochieng had pledged to deliver 1,500kg of gold bars.
The company told the court how fake documentation was procured in an attempt to mislead them that they were committing to a genuine transaction.
A tracking number was also provided by the parties involved to prove that the consignment of gold had left Kenya aboard a Kenya Airways Flight to Dubai.
The company subsequently obtained an order freezing the law firm’s bank accounts and those of Amadi's personal accounts.
Dissatisfied Amadi challenged the orders. She distanced herself from the matter saying she was not aware of the alleged fraudulent transactions between the law firm and the gold company.
Justice Mabeya subsequently lifted orders freezing her personal bank accounts saying there was nothing to show she benefited from the over Sh100 million allegedly paid by Bruton for the purchase of 1,500kgs gold bars.
The judge also said there was no proof that she was involved in the day-to-day activities of the law firm registered in her name.