Lawyer wanted over forged will in Sh100m Karen land dispute

Elms Guy Spencer. A Nairobi court has issued a warrant of arrest against him. [File Standard] A Nairobi court has issued a warrant of arrest against city lawyer, Guy Spencer Elms, who is accused of forging the will of a deceased British billionaire in a land dispute involving a five-acre property in Karen, Nairobi, valued at over Sh100 million. Milimani Principal Magistrate Benmark Ekhubi issued the arrest order following an application by the Director of Public Prosecutions (DPP), which informed the court that Spencer had failed to honour a lawful summon. "I hereby issue a warrant of arrest against the accused person to be brought to court on August 11 to take a plea," ruled Mr Ekhubi. Despite pleas from Spencer's lawyer to suspend the order, the court found no sufficient justification for the accused's absence. The defence informed the court that Spencer was attending to a sick child abroad and had already booked return tickets to be in Kenya before the next hearing date. "My client is not willfully avoiding the court. He had an emergency involving his child and has made arrangements to return before the next date," pleaded the defence counsel. However, the magistrate declined to lift the warrant, emphasizing that compliance with court orders is non-negotiable. Spencer faces five criminal charges linked to the alleged forgery of documents and attempts to fraudulently acquire land belonging to the estate of the late British billionaire, Roger Bryan Robson. The first count accuses Spencer of making a false document. He is alleged to have forged a will dated March 24, 1997, falsely presenting it as a legitimate document signed by the late Robson. The forged will is said to have been used to claim that Robson had left the disputed Karen property under Spencer's care. In the second count, Spencer is charged with uttering a false document. On February 10, 2015, he allegedly presented the forged will as genuine to Corporal Samuel Kamau at the Directorate of Criminal Investigations (DCI) headquarters in Nairobi. The third charge involves the making of a false Power of Attorney. The prosecution claims that on or before January 28, 2010, lawyer Spencer created a forged Power of Attorney dated January 24, 2010, again purporting it to have been signed by the deceased Robson. The fourth count is for uttering the false Power of Attorney. In the fifth charge, he is accused of attempting to fraudulently acquire property. On October 30, 2013, at the High Court in Nairobi, Spencer allegedly used the forged will to obtain ownership of two parcels of land, LR No. 2327/10 and LR No. 2327/117 both located in Karen. The disputed land on Ushuriki Road in Karen, is at the centre of a prolonged legal and ownership battle between Spencer and businesswoman Agnes Kagure Kariuki. While Spencer claims he was the legal custodian of Robson's will, which allegedly directed that the land be sold to support needy children and environmental conservation, Kagure insists she legally purchased the land from Robson in 2011 for Sh100 million, prior to his death in 2012.

Lawyer wanted over forged will in Sh100m Karen land dispute

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