SC Ahmednassir Abdullahi has lifted the lid off a court order that froze an account of a lawyer representing Dr William Charles Fryda in the owenership dispute of St Mary’s Hospital and attendant properties pitting him against the Assumption Sisters of Nairobi.
The veteran lawyer said the court order is being (ab)used “to coerce Esther Gathoni Mwangi to concede to the dispute and has nothing to do with the bank accounts.”
“This is an orchestrated move to frustrate the applicant since she represents Dr William Charles Fryda in the land dispute…the application that was before the court was allegedly premised on the grounds that the investigating officer was investigating the involvement of money laundering and or promotion of money laundering. It was disclosed that police obtained the same orders in relation to accounts belonging to Saint Mary’s hospital and froze all the accounts of the two hospitals,” Ahmednassir said.
Paralysing her practice
On March 28 2018 the court issued an order authorising investigation of account Number 063000007202 and a preservation order pending completion of the said investigation.
Ahmedanssir said the account belongs to Mwangi and is used for purposes of holding all her clients monies as required by the Advocates Act.
“The issuance of the freezing order puts the applicant at the risk of paralysing her practice as an advocate, as her clients funds are being held prohibiting them from carrying out various transactions that she has been instructed to perform by her clients…the c,clients too who are not party to these proceedings are not able to access their funds.
SC Ahmednassir further submitted that the said court orders issued on March 28 2018 are in bad faith as they are only meant to frustrate Mwangi who happens to be Dr Fryda’s client whose accounts were also unjustly frozen.