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.

The lawyer told  trial magistrate, Benard Nzakyo,  that the freeze order has put  Mwangi’s  business at risk as its meant  to appear to settle the larger land dispute with  her client who has been reported elsewhere as having set up the hospital through donor funds .
Land ownership dispute
SC Ahmednasir submitted that  the court having frozen  Dr Fryda’s  bank account on grounds of  the pending land ownership dispute, the same cannot be extended to her lawyer.
“The  applicant was not party to the proceedings that led to closure of her clients bank accounts,” he submitted.
 He further submitted that so far the police have not expressly disclosed what crime they are investigating leading to the freezing of Mwangi’s account.
 “This is merely a fishing expedition… It is our humble prayer that the orders ought to be discharged, vacated and set aside in its entirety. The said orders were issued without full disclosure of the material l facts surrounding this case,” SC Ahmednassir submitted.
he said an injustice has been perpetuated against Mwangi which ought to be remedied urgently by discharging the orders freezing her accounts.
He said that the fact that there was concealment of material facts and the court having been hoodwinked that there was money laundering, the continuation of the orders are adversely affecting Mwangi
A ruling will be made on April 30 2018.