Kenya: DPP Keriako Tobiko orders arrest and prosecution of city lawyer

The Director of Public Prosecutions Keriako Tobiko. He has ordered the prosecution of a Nairobi lawyer for forgery in a Sh250 million land dispute. (PHOTO: COURTESY)

The Director of Public Prosecutions has ordered the prosecution of a Nairobi lawyer for forgery in a Sh250 million land dispute.

Keriako Tobiko ordered police to arrest Guy Spencer Elms on charges of forgery and fraudulent transfer of a multi-million-shilling estate belonging to Rodger Bryan Robson.

The directive is based on forensic findings that the purported signatures of the late Mr Robson on the will and the power of attorney that put Mr Elms as an administrator of the five-acre estate in Karen were forgeries.

A city businesswoman had lodged a complaint with the Directorate of Criminal Investigations, accusing the lawyer of forging documents to claim ownership of property.

Robson had sold the land in question to the complainant before he died.

"The DPP has perused the file and is satisfied that the evidence contained therein discloses a prima facie case with a realistic chance of conviction against Guy Elms Spencer," read a statement signed by Nicholas Mutuku, on Tobiko's behalf.

According to the DPP, an expert confirmed that the original signatures on the sale agreement, conveyance as well as acknowledgement receipts were the authentic signatures of the deceased Robson, which supported the case by the complainant that she bought the land.

"The forensic document examiner's report does also confirm that the purported signatures of the deceased on the will and the power of attorney are forgeries. He relied on these forged documents to obtain a grant of probate of will for the estate of the deceased," read the statement.

Tobiko also directed police to record statements from Advocates Adam Nafysa Adballa, who witnessed the power of attorney, and a A. N Mululu, a partner in the law firm of Archer and Wilcock Advocates. Police will also obtain statements from Habib Bank to confirm the charge on the titles and subsequent discharge of the same.