The gold scam allegations, failure to fight corruption in the Judiciary and continued snubbing of court decisions are among the issues that came to haunt former Judiciary Chief Registrar Anne Amadi during her grilling session for the position of chairperson of the country’s electoral body.

Amadi who was the second candidate to be interviewed by the Independent Electoral and Boundaries Commission (IEBC) selection panel chaired by Dr Nelson Makanda, after Abdulqadir Lorot Ramadhan, was taken to task to explain why she should be appointed to such a high-profile job yet her character has been tainted. “Madam Amadi, you are aware that there is a High Court order that was issued to freeze your accounts because of the gold scandal amounting to Sh100 million. These are serious allegations and we would like you to explain how this will work out,” panellist Nelson Bore asked her.

Amadi dismissed the allegations linking her to the $742,206 (Sh102 million) gold scam, insisting that she resigned from the implicated law firm in 2014 and had no involvement in the matter.

Appearing before the panel, Amadi described the claims as a smear campaign aimed at tarnishing her reputation, insisting that the matter came up because of her involvement in public office.

“It is true that there was an order freezing my account and I agree with you that the allegations were serious. My response is that there was no need for me to be named as the first respondent in that case. There was actually no reason for me to be in that case. I resigned from the firm in 2014 and was fully engaged in my duties in the Judiciary,” she explained before the panel, terming it a malicious attack.

“It was an attempt to mudsling me. I do not have any knowledge in gold matters. The freezing of my accounts was unjustified and the courts have since vindicated me. This was a clear attempt to taint my reputation due to my track record in public service,” she added.

Justice David Majanja froze Amadi’s accounts over the claims after Briton Demetrios Bradshaw and his company, Bruton Gold Trading LLC, filed a suit accusing her of colluding with others through her law firm, Amadi and Associates, to defraud them. The court had also extended conservatory orders freezing Amadi’s assets to her son, Brain Amadi, who runs the firm.

However, on July 9, 2023, High Court Judge Alfred Mabeya unfroze the bank accounts after ruling that there was no evidence linking her to the gold scam.

“There is nothing that connects her with the alleged gold fraud case, and I find that the orders freezing her accounts were draconian and should have never been issued against her,” the judge held.

With regards to the allegations that she failed to deal with corruption and adhere to the decisions of the court, Amadi said that she always followed and adhered to all the decisions.

There are various complaints received against staff and judicial officers include bribery, improper influence while at the administrative level as well as issues to do with favouritism in transfers and promotions. “All I can say is that there are lots of complaints but the evidence given is very low,” Amadi said in her defence.

High-voltage office

With regards to how the experience she had at Judicial Service Commission (JSC) will help at the electoral body, where the chairperson is always blamed in an office deemed as high voltage, she said that her experience would give the ability to run the commission.

She recalled how the JSC at one point even dismissed a magistrate who had been acquitted by the courts adding that there was a time that they lost five magistrates due to disciplinary issues.

“I have been involved in inaugurating two presidents, which I did with composure, I applied knowing that IEBC is vilified institution with immense pressure, and I know that I will be a unifying factor in the commission if elected,” she added.

On why she should be appointed as the chairperson, the candidate said she brings on board a rich history in governance having served in different portfolios in the Judiciary.

“It requires interrogation between government bodies, international bodies, bring a unifier factor, composure and competence and taking into account everybody’s interests,” she said.

With regards to measures to improve IEBC, Amadi proposed cutting the number of polling stations by half from the current 46,232 polling stations to 22,000.

“Reducing the number of polling stations would lead to fewer resources being required, including security, transport, staff, and ballot boxes,” she said.

Earlier Abdulqadir Lorot Ramadhan, who was grilled on a number of issues said if appointed, top on his priority will be to push for the increase of the constitutionally-sanctioned presidential election petition determination period of 14 days, saying it is insufficient.

“When we were drafting the Supreme Court election rules, balancing this period of 14 days was very difficult. How were we going to give parties time to file their documents to ensure that by the time the petition is ripe for hearing there is sufficient time,” he argued.

On how he will run IEBC, he said as the chairperson, he will implement policy, oversight, and strategy. He contended he was the suitable candidate thanks to his vast experience in the electoral system, having encountered elections dispute in Tana North constituency and Tana Delta.

 “I have been having a glimpse of elections. We will restructure the election process. We will also work on laws with institutions like Parliament,” he added.