City lawyer Guy Spencer Elms has scored a major legal victory after the High Court in Nairobi dismissed long-running forgery claims against him over the Sh500 million estate of his former client, the late British businessman Roger Bryan Robson.
Justice H.K. Chemitei ruled that the will dated March 24, 1997 which appointed Spencer as executor of Robson’s estate was valid, properly executed, and free from any evidence of forgery or coercion.
Two objectors, Plovers Haunt Limited directors Thomas Murima Mutaha and Agnes Kagure Kariuki, had sought to revoke Spencer’s grant of probate, accusing him of forging the will and a power of attorney to gain control of prime Nairobi properties and substantial bank holdings.
The high-stakes succession battle, which has played out for over a decade, centred on contested parcels of land in Nairobi and Karen, as well as shares in Plovers Haunt Limited. The objectors claimed the deceased had either transferred or sold the properties before his death in 2012.
However, the court found no proof that Spencer had falsified the will, noting that it was prepared by the reputable law firm of Archer & Wilcock, witnessed by competent staff, and signed on every page by the deceased. The judge further observed that Spencer was not a beneficiary under the will and had not personally profited from the estate.
Justice Chemitei also held that disputes over property ownership and share transfers should be heard before the Environment and Land Court and the Commercial Court, saying such issues fell outside the probate court’s jurisdiction.
The decision ends years of attempts to nullify the will, though parallel suits over the ownership of the contested properties are expected to proceed in other courts.
Spencer, who once faced criminal charges over the alleged forgery before they were dropped, maintained throughout the proceedings that he acted lawfully and in accordance with his late client’s wishes.
The court dismissed both objections with costs to Spencer
