Court Rejects DPP’s Bid to Drop Ksh 100M Estate Case Against Veteran Lawyer
Elms claims he was appointed executor through a 1997 will, but investigators allege both the Will and a related Power of Attorney were forged
The court has dismissed the Director of Public Prosecutions (DPP)’s application to terminate a Ksh 100 million estate case against veteran lawyer Spencer Elms.
While declining the application, Milimani senior principal magistrate Benmark Ekhubi said the case is of great public interest and the DPP did not consult the victim’s family.
The magistrate stated that the constitution requires the DPP to consider a victim’s rights before terminating a case involving a victim.
In the present case, the magistrate said that the family of the late Rodger Bryan Robson was not consulted and therefore his request to withdraw the case against Elms is ill-advised.
“The DPP should not be seen to bite from the two sides of the mouth as he had earlier applied to withdraw this case,” the magistrate stated.
As a consequence, he directed Elms to take a plea.
Defence lawyers applied to postpone the plea-taking to enable them to get further instructions on the matter.
The DPP, through state counsel Nora Awiti, did not oppose the accused person’s request to adjourn the plea-taking.
The matter was adjourned to October 7, 2025.
The prosecution told the court that the application for withdrawal was based on a High Court judgment that validated the Will in question.
Citing Article 157 of the Constitution, the prosecutor noted that the decision to institute or terminate proceedings lies solely with the DPP, and urged the court to allow the withdrawal under Section 87A of the Penal Code.
The withdrawal application was being made following a decision by a High Court judge who declared that Roger Bryan Robson’s written Will was valid.
The ODPP submitted that the withdrawal was based on its powers to ensure the fair administration of justice and to prevent abuse of process and power.
The prosecution submitted that the document that was the subject of the charges was Roger Bryan Robson’s written Will, and given this Judgment from the High Court, it could not in good conscience proceed with the matter.
Elms lawyers Davis Osiemo, Oscar Litoro, and Harshil Shah supported the withdrawal. The lawyers argued that the Complainant was abusing the criminal process, particularly that the Complainant had raised these allegations in the High Court matter, which was fully determined.
It was also highlighted to the court that the High Court, in its Judgment, made a clear finding that there was nothing to show that Elms benefited from Kirathe, Roger Bryan Robson’s estate as the written Will does not bequeath him anything.
However, lawyer Wadungi, acting for the Complainant, strongly opposed the withdrawal. He accused the DPP of failing to act in the public interest.
He argued that the issues before the High Court succession case were distinct from those in the criminal trial, pointing out that the judge had excluded four contradictory documents from consideration.
The dispute stems on the estate of Roger Bryan Robson, a conservationist and philanthropist who died in 2012 without known heirs. Elms claims he was appointed executor through a 1997 will, but investigators allege both the Will and a related Power of Attorney were forged.
