The Appellate Court has certified as urgent an application by a Dubai-based gold trading company as urgent as it seeks to overturn a decision absolving chief registrar of Judiciary Anne Amadi of any blame in a gold fraud.
Bruton Gold Trading LLC moved to the Court of Appeal after the High Court unfroze the bank accounts of Amadi saying she was not involved in the day to day running of the law firm even though it was registered in her name.
The firm accuses Amadi, her son Brian Ochieng’ and four others of defrauding it of $742,206 1,500kg of gold bars in 2021, has now taken the dispute before the Court of Appeal.
The company wants in the application the court to issue an injunction restraining Amadi, her son and his partner Andrew Kiarie or their agents from accessing, operating and or withdrawing funds from domiciled at ABC Bank, Green House Mall, Nairobi.
The bank account, registered in the name of Amadi & Associates, Advocates was initially frozen only for the freeze to be lifted following an application by Amadi saying she resigned from the law firm after joining the Judiciary in 2014.
“The Court be pleased to Order that the personal bank accounts registered to the 1st 2nd 3rd and 5th Defendant/Respondents domicile at any bank within the Republic of Kenya, in the names the 1st 2nd 3rd and 5th defendant/ respondents, be frozen, and that no funds whatsoever, be withdrawn from the accounts without an express order of the Court pending the hearing and determination of the application,” pleads the company.
The company wants the intended appeal be heard expeditiously and on priority basis.
According to the company, Brian and the law firm, together with Ndegwa and Edward Taylor alias Mboronda Seyenkulo illegally obtained from the company $627,406.48 towards the purchase of gold, which was to be delivered in Dubai.
The directors of the gold trading company were allegedly introduced by Edward Taylor, to Daniel Kangara Ndegwa (Alias Dan Muriithi) who at the time it was alleged was an officer of Universal Global Logistics Limited (“UGL”), which entity was in the gold export business and could export gold from Kenya to Dubai.
The agreement between the parties was that Ndegwa was to deliver gold to Dubai for sale (at the company’s cost) after which sale the company would be reimbursed its total costs for export and be paid a commission of 10% of the market value of the Gold at point and time of sale.
On the understanding that UGL could facilitate the export of gold, the Applicant entered into a transaction with UGL, who were represented by the 1st Respondent’s Law Firm of Amadi and Associates, Advocates, for the export of 1,500 kg of gold bars allegedly ultimately owned by the 6th Respondent and his family from Kenya to Dubai.
A total of US$ 592,970 was sent to Amadi’s firm via bank transfer by Aeras DWC LLC, company’s sister on behalf of the company into Amadi’s law firm account, number held by Amadi and Associates Advocates at ABC Bank.
The consignment was not delivered as agreed according to Bruton Gold