A Dubai based company at the centre of a 102 Million Gold scam that led to freezing the accounts of Chief Registrar Ann Amadi has challenged the order that opened the accounts.
In an appeal filed at the Court of Appeal, Bruton Gold Trading LLC which trades in Gold has challenged the high court decision to lift the orders freezing Amadi’s accounts
According to court papers, the company says its aggrieved by the decision that was issued was Justice Alfred Mabeya on May 17 this year.
It has also questioned the conduct of the judge in the matter and wanted him not to hear the case again due to his conduct
“Having made final determinations in his rulings and clearly showing that his intent was to exonerate Ann Amadi from any wrong doing he should not be allowed to continue hearing the case,” reads the papers
The company says that it does not believe that it shall get a fair hearing before Justice Mabeya .
They want the appellate court to stay the proceedings before the high court until their appeal is determined.
They have also accused Amadi of using her position in the judiciary to deny them justice even though she is allegedly at the centre of the case.
“That all the foregoing conduct has left the applicant in fear that Hon. Anne Amadi is exerting her influence behind the scenes to improperly exculpate herself and deny them access to justice,” reads court papers
They claim that their court documents dated May 17 were mysteriously removed and deleted from the judiciary E-filing portal and remained extracted until the May 29 when their lawyer had to go to Milimani law court in person to query the issue with the Deputy Registrar Commercial Division.
They further claim that in seeking to certify the matter as urgent the directors were forced to travel Dubai to the United Kingdom to have the affidavit sworn.
In the case, the company has claimed that Amadi and her son alongside others duped them over Sh 102 M in the gold scam.
This led to Amadi’s accounts being frozen but they were later opened following an application she filed distancing herself from the matter
The court ruled that there was nothing to connect Amadi with the alleged gold case since she had resigned from her law firm.
The judge lifted orders freezing the personal bank accounts of Amadi, saying there is nothing to show that she was involved in the day-to-day activities of the law firm registered in her name.
Photo of Hon. Anne Amadi,CBS used, Credit: https://judiciary.go.ke/hon-anne-a-amadi/
