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Shaky Ground: Senior Lawyer Grilled Over Multibillion Karen Property Dispute
He had difficulty convincing the court that he had proved the documents held by the defendant were forged, since he refused to produce them to the relevant authorities for authentification.
A senior advocate of the High Court was challenged over a multibillion-shilling property located in the Karen area in Nairobi, in which he claims to be the only executor and representative
Guy Spencer Elm was unable to explain by way of evidence how he obtained a will from the deceased Rodger Bryan Robson, who passed on in 2012, whose property is in dispute over ownership.
The lawyer who was cross-examined by counsel Conrad Maloba before Justice Lilian Kimani was unable to explain how he obtained the will of the suit property.
Maloba told the trial Judge that the property was purchased by her client, Agnes Mugure, from the deceased.
The court was told that Spencer had declined to submit the copy of the will, title deed, and other relevant documents to the Director of Criminal Investigations DCI upon a complaint filed by the defendant (Mugure).
Maloba told the court to make a finding that the documents held by lawyer Spencer over the suit property are a forgery.
He said Spencer, being the applicant over the case before the court, has not submitted sufficient evidence to demonstrate that indeed he was entrusted by the deceased to manage the suit property.
He submitted that the will and the title deed have not been certified by the relevant authorities as required by the law.
“You claim to hold the original documents of the suit properties. Have you availed them to the relevant authorities for authentication?” No. He responded.
When he (Spencer) was questioned why he had not presented the documents to the DCI, he said, “I do not have faith in investigators. I was the sole executor of the properties, considering the will of the deceased.”
In his witness statements, Spencer is urging the court to admit him as the owner of the suit properties, saying the title deed held by the defendant is a forgery.
He had difficulty convincing the court that he had proved the documents held by the defendant were forged, since he refused to produce them to the relevant authorities for authentification.
Maloba informed the court that his client, Agnes Mugure, had never been charged before a court of law over the said suit properties. Still, Spencer was charged on September 7, 2017, with several counts of forgery, uttering of forged documents, and demanding property upon forged testamentary instruments, where the matter stems.
According to him, pursuant to the will of the late Bryan Robson, he has been the sole executor and representative of the deceased’s estate and all assets and properties as per the will dated March 24, 1997, and he is still in possession of the original documents related to those properties, Land Reference Numbers 2327/10 and 2327/117.
He is accusing Mugure of posing as the rightful owner, forcefully and fraudulently taking the possession of the suit properties where she is now constructing a perimeter wall.
The court adjourned the matter to October 21 and 27, 2026.
