Written by Were Kelly
Director of Public Prosecutions (DPP) Ingonga has sought to terminate criminal proceedings against city lawyer Guy Spencer Elms in a long-running Sh100 million Karen land dispute, after the High Court upheld the validity of the contested will of the late British billionaire Roger Bryan Robson.
Elms had been facing multiple counts, including making and uttering false documents, and demanding property through a forged testamentary instrument.
The charges stemmed from allegations that he forged Robson’s will to fraudulently acquire two prime parcels of land in Karen, Nairobi, valued at Ksh100 million.
According to charge sheets filed at the Milimani Law Courts in June 2025, prosecutors accused Elms of offences dating back to 1997, 2010, and 2013, including forging a will dated March 24, 1997, and a power of attorney dated January 24, 2010.
He was alleged to have knowingly presented the disputed documents to the Directorate of Criminal Investigations (DCI) and to have sought probate based on the will, purportedly to gain control of the Karen properties.
However, the case took a dramatic turn after the High Court affirmed that Robson’s will — which bequeathed his estate for charitable purposes — was genuine. This judicial finding undermined the basis of the prosecution, prompting the DPP to file for withdrawal of the charges under Section 87(a) of the Criminal Procedure Code.
Court records show that the properties in question, LR No. 2327/10 and LR No. 2327/117, were at the centre of a bitter legal battle that spanned over a decade. The State alleged that Elms, acting as executor of the estate, forged documents to claim ownership, a charge he consistently denied, insisting that his actions were in accordance with Robson’s wishes.
The matter is scheduled for mention on 15th September for the court to rule on the DPP’s application to withdraw. Spencer was released on a personal bond of ksh 50,000.
