A Dubai-based gold dealer has renewed his bid to freeze the accounts of Chief Registrar of the Judiciary Anne Amadi over a Sh102 million gold scandal.
Demetrios Bradshaw and his company Bruton Gold Trading LLC through lawyer Joseph Murage moved to the Court of Appeal claiming they are likely to lose their money and accused High Court Judge Alfred Mabeya of being biased when he unfroze Amadi’s accounts.
“The circumstances surrounding the case and eventual lifting of the orders that froze her accounts has left the applicant in fear that Amadi is exerting her influence behind the scenes to improperly shield herself and deny them access to justice,” said Murage.
According to the lawyer, the British businessman has not been treated fairly by the High Court and wants the Court of Appeal to intervene to prevent further corrupt and illegal schemes being perpetrated against him which he claims are tainting integrity of the judiciary.
Murage also want the Appellate Court to suspend the hearing of the High Court case until the appeal is determined.
He claims that Justice Mabeya had already made a final decision absolving Amadi from any blame concerning the transaction even before giving all parties a chance to present their cases.
“It is like the judge had already made up his mind and ignored our case as he only concentrated on exonerating Amadi. We do not understand why her case to lift the orders was expedited while others cases were put aside,” said Murage.
The Court of Appeal certified the application as urgent and directed that it be heard by three judges constituted by the court’s president.
The British businessman had in May obtained orders freezing Amadi’s accounts alongside her son Brian Ochieng and his partners at their law firm Andrew Kiarie and Adrian Topoti. The court also froze the accounts of businessman Daniel Kangara and Liberian national Edward Taylor.
Bradshaw in his suit claimed that in September 2021, his company was interested in buying gold from Kenya when Taylor introduced him to Kangara as a person dealing in gold export.
They then signed an agreement in which Kangara would deliver 1,500kgs of gold to his company in Dubai upon payment of the agreed purchase price of $742,206 (Sh102,090,435).
Bradshaw told the court that he sent the first instalment totalling $592,970 (Sh81,563,023) to Amadi’s law firm and completed the balance of $149,236 (Sh20,527,411) in November 2021 but never received the gold consignment.
However, Justice Mabeya in June lifted the orders that froze Amadi’s accounts on the basis that there was nothing connecting her with scam since she resigned from her law firm after being appointed the chief registrar of the judiciary.
Justice Mabeya ruled that the fact that Amadi’s son was managing the law firm Amadi and Associates Advocates does not mean the CRJ was involved in its management.
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He ruled that since Amadi’s son was an adult who can defend himself, he should be left to carry his own cross instead of dragging his mother in a transaction she knew nothing about.
Justice Mabeya also ruled that Bradshaw’s evidence were inadmissible before Kenyan courts since his affidavit was signed and authorised by lawyers not allowed to practice in Kenya or within the commonwealth jurisdiction.