Ann Amadi's position as Chief Registrar of the Judiciary is in limbo after a businessman, on Friday, June 2, asked the Judicial Service Commission (JSC) to remove her from office.
The petition against Amadi alleged that she had taken part in gross misconduct; as such, she did not qualify to continue working as a Judicial officer.
A Director of Bruton Gold Trading LLC, a Limited Liability Company incorporated in Dubai, through Murage Juma and Company Advocates, filed the document after Amadi was accused of illegally accruing Ksh120 million fake gold money.
"The Petitioner contends that Honorable Anne Atieno Amadi has been and remains in gross violation and breach of Articles 73, 75, and 76 of the Kenyan Constitution, The Judicial Service (Code Of Conduct And Ethics) Regulations, 2020 and the Judicial Service Act (No. 1 of 2011) warranting the invocation of Section 12 of the Judicial Service Act as read together with Schedule 2 (if Applicable) and Schedule 3 of the said Act," Director of Bruton Gold Trading LLC stated.
JSC has yet to review the petition filed at the office of the Registrar and copied to all members of the Judicial Service Commission.
At the same time, High Court sitting in Nairobi extended an order freezing bank accounts belonging to the Chief Registrar of the Judiciary and her law firm.
High Court Judge Alfred Mabeya was yet to rule on an application filed by the Chief Registrar of the Judiciary, seeking court orders to unfreeze the accounts over the Ksh108 gold scam case.
"When l looked at the documents in this application l found they were more voluminous than what you(Lawyers) submitted on Monday (May 29, 2023). Therefore the ruling is not ready. It will be delivered on Friday, June 9, 2023, at 8 am," Justice Mabeya stated while postponing the ruling.
Kenya's Chief Registrar of the Judiciary can be removed from office by the President of Kenya, on the recommendation of the Judicial Service Commission.
The process for removal begins with a petition that must be filed with the Judicial Service Commission by a person aggrieved by the Chief Registrar's conduct.
Based on the report and recommendations from JSC, the President will then decide whether or not to remove the Chief Registrar from office.
According to the law, grounds for removal of the Chief Registrar include incapacitation, gross misconduct, misbehaviour, irregularity or a breach of the law.
Chief Registrar of the Judiciary may also be removed for failure to perform office functions. The state official, however, is entitled to a fair hearing before the tribunal constituted by the Judicial Service Commission.
A lawyer may also represent her during the hearings and determination of the case.
