Two advocates have informed the court that they prepared and witnessed the execution of the Power of Attorney (POA) relating to a Sh500 million property in Karen that has been entangled in a case that dates back to 2016.
Lilian lofty and Nafysa Adam were working at Raffman Dhanji Elms & Virdee Advocates at the time the POA was prepared in 2010.
Lofty, currently an Advocate at Daly and Inammdar told Judge James Onyiego that indeed she prepared the POA following Roger’s request.
When asked if she had any documentation to support the aforementioned request, she said she had received the instructions during a meeting with Roger.
She also gave details of the standard practice at her former law firm when a file was opened for a client that the reference number, which also appeared on the POA, had her initials.
Nafysa Adam who is currently a senior Associate at Hamilton Harrison and Mathews Advocates told the court that she met Roger in 2010 and witnessed him signing the POA granting powers to Guy Elms.
“My practice is to only witness a person’s signature if they actually sign in front of me,” she informed the court.
A third witness, Brigitte Kosgey, previously an administration officer at the Old Mutual and a friend of Rogers narrated to the court circumstances that led to the POA’s preparation.
She told the court that Roger’s caretaker approached Old Mutual seeking payment to Roger of a policy that had reached its maturity stage.
Old Mutual however established that Roger did not have any original documents that could be associated with the policy thus the claims department could not effect the payment.
The claims department however advised and said that Roger needed a POA to enable payment of the same.
“It is at this stage that I approached Roger and informed him that Old Mutual required him to get a POA and he said he would speak to his lawyer Guy Elms as he helped him with all his affairs,” she added.
Roger confirmed to her that he had no wife or children and his closest living relative was his brother Michael Robson who lived and still lives in England.
She confirmed that Roger was already suffering from health complications and used a walking stick as he was very weak and had trouble with his hands.
Roger also confirmed to her that he had appointed Guy Elms as his executor of his will that he had signed in 1997 and also issued him with a power of attorney.
He had confirmed that Guy Elms held all his papers. She confirmed that the Old Mutual made payment to Roger
“Roger said that he wanted his house to be converted to church and the other land to be converted to a recreation center and a children’s home because he loved to be remembered as Wangari Maathai,” said kosgei.
She added that Rogers at that time he was ailing and old and he could even walk with support.
Despite this, Agnes Kagure, a powerful business woman is seeking ownership of the property with claims that she purchased it from mr. Roger Robson in 2011 for Sh100 million in cash before he died.
Kagure accused Guy Elms of forging his client’s will and POA in his efforts to transfer the property to himself.
A criminal case in which Guy Elms was being accused of fraud on the same documents was however withdrawn by the Director of Public Prosecutions(DPP) in March this year due to lack of evidence.
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